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(영문) 부산지방법원 2018.01.18 2017고단5105
상해
Text

1. Defendant A shall be punished by a fine of one million won.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

1. On September 28, 2017, the Defendant: (a) 7, a university of Busan-gu, Busan-do; (b) taken the alcohol of the victim B (71 years of age) who was under the influence of alcohol and drinking at Ssamk Park in front of the Ssamk Park, the Defendant: (c) taken the alcohol of the victim B (71 years of age); and (d) took one time the victim under the influence of the alcohol and the victim under the influence of the alcohol, the Defendant inflicted an injury on the victim, i.e., blood transfusion, etc. of the right eye that requires approximately two weeks of treatment.

2. Defendant B, at the same time, at the same place as that of paragraph 1, and at the same time and place, while disputing with the victim A (72) as above, the victim was pushed the victim by hand and was frighted to the face of the victim, and the victim was inflicted an injury, such as internal walls, which require approximately four weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A report on the occurrence (influence) - a victim photograph, -CCTV closure photograph;

1. Application of each injury diagnosis certificate (A) statute;

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: Defendant A of the fine under Article 257(1) of the Criminal Act (a) (a point of harm inflicted upon each other): Defendant B of the option of a fine: Imprisonment with labor;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of the Provisional Payment Order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act leads to a dispute over Defendant A with the reason of sentencing; the fact that the Defendant suffered a relatively heavy injury; the Defendant reflects the crime; the Defendant did not have any criminal record since 1993; the victim was solely agreed with the victim B; the Defendant suffered a relatively heavy injury; the Defendant was able to have criminal records related to violence; and in particular, the Defendant was issued a summary order of KRW 50,000 as an assault in 201 and KRW 50,000 as an assault in 2013; on the other hand, the Defendant’s violation of the crime; the fact that the Defendant agreed with the victim A and the victim only agreed with the victim; and the Defendant’s awareness.

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