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(영문) 부산지방법원 2020.02.05 2019고단5656
상해
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is Busan Dong-gu B apartment occupant.

On October 20, 2019, at around 22:45, the Defendant: (a) visited the victim C’s house, a resident of the same apartment lot, who was drunk in the said apartment parking lot, and was waiting for an agent, and was parked without permission in the said apartment parking lot on the ground that the Defendant was parked without permission.

When there is a dispute with the victim who was released from the contact with the above visitors, the victim's face was sealed at the right shoulder, and when the victim drinks several faces and body on the part of the victim's body, the victim's face was laid down, and the victim's face and body was laid down on the part of the bones, the treatment date of which cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. 112 reported case handling table;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the defendant had been sentenced to the same kind of crime, and the defendant had been under the influence of liquor without being able to express his sex during the repeated crime period, and the victim suffered serious injury from the defendant's crime, and there was no motive or reason to take special account of the crime.

However, since there are favorable circumstances such as the defendant's intention to commit a crime and the fact that the defendant has reached an agreement with the victim, it shall be decided as per the order by selecting a fine in consideration of it.

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