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(영문) 부산지방법원 2013.04.11 2013고정401
상해
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On October 16, 2012, the Defendant: (a) around 13:30 on October 16, 2012, on the ground that the victim C (the age of 48) was “non-smoking area, so tobacco would be smoking-free area; and (b) caused the victim’s breath and flading the breath, which requires approximately two weeks of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing the investigation report (CCTV image attachment);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the first crime, the circumstance of the instant case is considered; the Defendant submitted to the police a written agreement in which the Defendant himself/herself was the victim; however, according to the content of the agreement, it can be acknowledged that the Defendant and the victim agreed on the harmful act by both parties, etc.

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