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(영문) 부산지방법원 2017.02.15 2016고정3316
상해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 12, 2016, around 23:55, the Defendant argued with the victim E (35 years) who is another customer, while drinking alcohol in the D Sing shop located in Busan Dong-gu, Busan. On April 12, 2016, the Defendant inflicted an injury on the victim, such as a shoulder and spathing of spats, spawn, spawn, spawn, spawn, spawn, etc., in opposition to the assault of the victim, and spawn the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A written diagnosis of injury;

1. The result of a CCTV reproduction;

1. A photograph of the upper part of the body;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. A fine not exceeding 700,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 59 (1) of the Criminal Code of the Suspension of Sentence (the first offender is the defendant, the circumstances leading to the defendant's crime, etc.) and Article 59 (1) of the Criminal Code of the Republic of Korea (the defendant's act constitutes legitimate defense, since the defendant's act is a passive resistance, and the defendant's act cannot be seen as a legitimate defense, according to each evidence of the judgment below.

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