(영문) 부산지방법원 동부지원 2018.10.04 2018고단1356

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(영문) 부산지방법원 동부지원 2018.10.04 2018고단1356

상해

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

At around 03:00 on April 19, 2018, the Defendant, on the street in front of the “C main store” located in Busan District, Busan District, where the victim D, the main guest, was taking out of the business place to smoke and was taking out of the Defendant’s growth, and the Defendant, the Defendant Daced the victim who was seated in his workplace and was living in his workplace and her workplace, “at other times, .. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f., f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the head of a complaint, a written diagnosis of injury, a table of 112 reported case processing, a criminal investigation report, and a report on investigation results;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of the crime of this case on the ground of violence committed by the victim for about four weeks, and the nature of such crime is not good, and the defendant has a record of being punished for violent crimes, etc.

However, there are more favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, the fact that the damage of the injury is very heavy, the fact that the defendant agreed smoothly with the victim, and the fact that the defendant has no record of receiving punishment exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The crime of injury: Violence crime group, general injury, one type (general injury), and general injury.

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제257조 제1항

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