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(영문) 부산지방법원 동부지원 2017.06.15 2017고정465
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 02:40 on January 19, 2017, the Defendant suffered an injury to the victim’s right side by assaulting the victim’s face beyond the floor by drinking several times, and causing the victim’s injury to the treatment days, such as leaving the victim’s right side by drinking alcohol, on the ground that the injured person, while drinking alcohol together with the victim D, transferred his/her workplace with the Defendant’s introduction. In doing so, the Defendant under the influence of alcohol, he/she takes a bath to “neep,” and was able to prevent it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on investigation (on-site conditions of police officers and accompanying photographs of injuries, etc.);

1. Application of the Acts and subordinate statutes governing injury photographs;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's argument and the reason for sentencing with respect to the defendant's argument may be proved to the extent that the victim's blacks several times from the investigation stage to the present court, but there is no fact that the victim's face is taken by drinking, and part of the crime is denied. However, according to the evidence duly adopted and investigated by this court, the facts constituting the crime in the judgment are recognized (in particular, according to the photograph of the victim's injury taken immediately after the crime in this case among the evidence in the judgment of the court, it is sufficiently recognized that the victim's eye was seriously damaged due to the defendant's assault). However, according to the evidence in the judgment, the defendant does not want the punishment of the defendant, and the degree of the victim's injury also appears to be relatively insignificant to the extent that the victim did not issue the diagnosis certificate, the amount of the fine imposed in the summary order shall be reduced to a size by taking into account these factors comprehensively.

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