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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1148

상해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 7, 2018, the Defendant paid the drinking value to the victim D (the 34 years of age) who is an employee at the Chungcheongnam-gun B “C Sing shop” 70, Chungcheongnam-gun, Chungcheongnam-gu, 2018. However, under the influence of alcohol, the Defendant paid back money again to the victim under the influence of alcohol, and got the victim’s face one time by drinking the victim’s head debt, and faced the victim’s face on the floor by shakinging the victim’s head debt, and continued the victim’s face by drinking the head debt with about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished on October 19, 2017 by imprisonment with prison labor for 10 months and two years of suspension of execution, which became final and conclusive on October 27, 2017, and was still under suspension of execution, but the instant crime was not committed more than 4 months after the judgment became final and conclusive, and the Defendant was also punished for the same kind of crime.

Provided, That it is serious that damage is serious;

The decision of fine shall be made in consideration of the fact that the injured party is not subject to punishment against the accused by agreement with the injured party, and all of the sentencing conditions, including the background of the crime, the degree of damage, and the record of the crime, shall be considered, and the punishment shall be determined as ordered.