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(영문) 서울서부지방법원 2017.09.07 2017고정173
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 31, 2016, the Defendant: (a) around 20:30 on a bus run in front of Seodaemun-gu Seoul Metropolitan Government on around 20:10, and (b) on the ground that the victim F (65 years of age) was kneeing back to knee of the bus and turned down to the rear door of the bus together; (c) on the one hand, the victim, etc. who gets out of the bus prior to the two descendants was pushed down on one occasion, and caused the victim’s injury, such as shoulder and the string of the above arms, etc., which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (to analyze the image of a black box), a report on investigation (referring to submission of a written diagnosis of injury to a victim and change of the name of the crime), a written statement, etc. (the certificate of injury), a confirmation of video of a black box, and a report on investigation (the re-verification of a bus black box)

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

1. Under Article 334(1) of the Criminal Procedure Act, the Defendant recognized the instant crime in favor of the Defendant for the reason for the provisional payment order, and there is no record of punishment previously imposed prior to the instant case. During the instant trial, the Defendant deposited KRW 3 million for the victim in a civil lawsuit with the victim (Seoul District Court 2017 Gaz. 80417 Gaz.).

In light of the circumstances unfavorable to the defendant, the crime of this case was committed in the bus with the victim while getting off the bus, and the victim was pushed ahead of the bus with the victim's hand in the course of getting out of the bus, and the quality of the crime was very poor, and the victim wanted to be punished by the defendant.

The sentence shall be determined as ordered in consideration of such circumstances and other conditions of sentencing as the defendant's age, sex, environment, etc.

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