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(영문) 부산지방법원 2015.02.06 2014고단8978
상해
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

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

Reasons

Punishment of the crime

On August 25, 2014, at around 02:20, the Defendant: (a) inflicted an injury on the part of the Busan Jin-gu C parking lot; (b) on the ground that the victim D (28 years of age) was satisfe himself/herself while under the influence of alcohol; (c) on the part of his/her hand, he/she saw the victim’s face and part of his/her entrance into the bar; and (d) on the part of the victim’s face and part of his/her entrance into the bar, he/she inflicted an injury on the part of the victim, with which the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of statutes on photographs of damage;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. The reason for the determination and sentencing of the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act is alleged to the effect that the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime. Thus, it does not seem that the Defendant was in a state of mental disorder or mental disorder due to the fact that he was under the influence of alcohol at the time

Although there are many kinds of records of punishment for the same crime, the Defendant did not have any penal power since 2009, while under the influence of alcohol at the time of the instant case, the Defendant selected a fine by taking into account the following: (a) the victim appears to have committed the instant crime, and (b) the victim did not have any degree of damage to the victim; and (c) the amount was determined by taking into account all the factors of sentencing.

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