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(영문) 부산지방법원 2017.11.29 2017고단5225
상해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 600,000 won.

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

Reasons

Punishment of the crime

1. Around 18:05 on June 7, 2017, the Defendant: (a) the victim victim B (n, 58 years of age) was under the influence of alcohol, at the “D” restaurant located in the Geum-gu Busan Metropolitan City, which was operated by the Defendant; (b) the victim took a bath to the Defendant; (c) the victim took a bath to the Defendant; (d) the victim took a breath of the victim’s body; (d) the victim breath of the breath of the breath of the breath of the breath of the breath of the city; and (e) the victim breath of the breath of the breath of the city; and (e) the victim breath of the breath of the breath of the city; and (e) the victim breath of the 20 minutes of the breath of the breath of the city; and (e) the victim cher drinking three customers in the said restaurant.

Accordingly, the defendant injured the victim and interfered with the victim's restaurant business by force.

2. 경범죄 처벌법위반 피고인은 2017. 6. 7. 18:35 부산 금정구 F에 있는 G 파출소에서, 술에 취하여 “ 이 개새끼들 아, 멋대로 해 봐라, 칼로 쑤신다, 한 두 번 가나, 총으로 다 쏴 죽이 뿐다, 벌금 조금 내면 된다.

A while under the influence of alcohol for about 1 hour and 15 minutes, such as taking a bath, drinking, etc., a government office conveyed and slicked by rough or disorderly words and conducts at a government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, E, and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the selection of imprisonment with prison labor), Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with prison labor), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official document, the selection of fines) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. One of the grounds for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) in the order of provisional payment.

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