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(영문) 부산지방법원 2014.07.07 2014고단1861
상해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

【Criminal Force】 On November 6, 2013, the Defendant was sentenced to two years of suspended sentence for an injury in Busan District Court’s Dong Branch, which was sentenced to two years of suspended sentence on the 14th of the same month, and the said judgment became final and conclusive on the 11th of the same month, and the violent power was still in force.

【Criminal Facts】 On December 21, 2013, around 02:50, the Defendant: (a) around the main point of “E” located in Geum-gu Busan Metropolitan Government, the victim F (the age of 37) was under the influence of alcohol to take a trial fee for the Defendant; (b) taken the Defendant’s face at one time by taking the victim’s face; (c) taken the victim’s hand over the floor by taking the victim’s hand; (d) putting the victim’s face over the floor; and (e) sustained the victim’s face continuously going beyond the 5-10 minutes by taking the victim’s hand over the floor; and (e) sustained the victim’s injury, such as cutting the alley, etc. for three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Protocol of the police statement concerning G;

1. Standing photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The crime of this case on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Code for the detention of the workhouses is determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the following: the victim gleeped first and used violence against the defendant; the defendant was unable to attend the scene and inflicted the injury on the victim; the extent of the damage to the victim is not much serious; the defendant agreed with the victim; the defendant is against the defendant; the defendant's age, character and conduct, and environment; and the defendant's age, character and conduct, etc.

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