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(영문) 부산지방법원 2016.07.20 2016고정1169
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 1, 2015, at around 23:45, the Defendant, at the main point of “D” located in Busan Jin-gu, Busan, having danced with her friendship with her natives, when the elbane of the victim E (40 tax) who had danced with her natives, came into contact with the Defendant’s son, etc.

Accordingly, the defendant was tightly pushed the victim's body once, and the victim was in need of approximately three weeks' medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (survey of CCTV screen pictures attached thereto);

1. A copy of the medical records [the defendant and his defense counsel asserted that at the time the defendant was faced with the victim and his body at the place where the defendant was mixed with each other and that they did not commit violence or bodily harm. However, according to the evidence mentioned above, the defendant's assertion of the defendant and his defense counsel cannot be accepted, since the defendant's strong injury to the victim is acknowledged by the defendant's shoulder.]

Application of Statutes

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the Defendant, who feel inconvenience in physical contact with the victim, seems to have reached this case by contingency, and the victim was submitted a medical certificate that he/she sustained a bodily injury requiring three-day medical treatment, but the degree of substantial damage is minor.

Rather, after the occurrence of the instant case, the Defendant appeared to have been assaulted by many victims, and the Defendant is a university student and a first offender who had no criminal record, etc.

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