Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2017. 10. 17. 03:05 경 부산 부산진구 C에 있는 ‘D’ 앞 노상에서 기분이 좋지 않은 상태에서 술에 취하여 있는데 그곳을 지나가던 피해자 E(32 세) 이 자신을 쳐다본다고 느끼고는, 손바닥으로 피해자의 뺨을 1회 때리고, 주먹으로 피해자의 얼굴을 수회 때린 다음 발로 피해자의 팔을 차 피해자에게 안와 파열 골절( 眼窩破裂骨折) 등의 상해( 약 8 주간 치료 필요 )를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E, F and G;

1. The application of Acts and subordinate statutes to the investigation report (1) at least once;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

3. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act in 2015, the following factors are considered: (a) despite being given a disposition not to have the right to prosecute (the victim does not want the punishment) due to assault charges (the victim does not want to do so); (b) the Defendant appears to have diverse violent tendency, such as leading to the instant crime; (c) the degree and degree of injury; (d) there is no history of actual criminal punishment as well as criminal records; (c) there is no history of actual criminal punishment; and (d) the victim received a reward of KRW 17 million as a change in the amount of damage and agreed with the Defendant and does not want the Defendant’s punishment.