beta
(영문) 부산지방법원 2017.10.25 2017고단1064

폭행등

Text

Defendant

B A person shall be punished by imprisonment for not more than four months.

Defendant

The charge of special injury A is not guilty. Defendant A is guilty.

Reasons

Punishment of the crime

[2017 Highest 1612] Defendant B was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on December 11, 2015 and is currently under suspension of execution for two years.

Defendant

B around March 6, 2017, around 07:15, in the D restaurant located in Busan-gu, Busan-gu, Busan-do, and the face part of the victim A (50 years) and the Si trial are drinking several times, and the victim's face part was inflicted an injury on the victim's right side, such as tearing the part of the victim's eye and the part of the entrance.

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning the examination of suspect of the police officer;

1. A copy of a photograph of parts A of the victim's injury;

1. Previous convictions in judgment: (B) a response to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition, and application of the text of the judgment;

1. Where the mitigation area (including two months to one year), the punishment is not imposed (including efforts taken to recover damage), the victim does not want the punishment of the defendant, the crime is committed during the suspension period of execution of the same kind of crime, Article 257(1) of the Criminal Act, the grounds for sentencing of imprisonment [the scope of recommended punishment] general injury (the scope of recommendation] [the grounds for general mitigation]], or considerable damage is restored [the decision of sentence], the victim does not want the punishment of the defendant, the crime is committed during the suspension period of execution of the same crime, and all kinds of sentencing conditions such as the records of the same crime shall be determined as the order.

The acquittal portion

1. Around March 6, 2017: (a) around 07:15, Defendant A, within the D restaurant located in Busan-gu Busan-gu, Busan-do; (b) performed drinking alcohol together with the victim B (49 years of age); and (c) had a dangerous object of drinking alcohol as a monetary relation; (d) had the victim’s head head part one time; (e) had the victim’s face part several times by drinking; (e) had the victim’s right hand hand on a shoulder glass bottle; and (e) caused injury to the victim for treatment days by carrying a dangerous object of treatment, such as having the victim teared a dose.

2. B in the judgment of the damaged person.