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(영문) 부산지방법원 동부지원 2017.11.02 2017고단1672
상해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 15, 2017, the Defendant: (a) around 02:25 on April 15, 2017, around Busan Shipping Daegu Maritime Transportation, caused the injury of the victim (32 years of age) in the aftermath of 790, when the victim B (32 years of age) and the eye of the snow were frighted from the victim, and when the victim’s face was frightd from the victim, the Defendant was frighted to the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

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 degree of injury of a victim on the grounds of sentencing of the punishment of a criminal defendant under Article 334(1) of the Criminal Procedure Act is not weak, and that the defendant can have the power to be punished for a past violent crime, etc.

However, there are some circumstances to take into account the developments of the instant case (i.e., the instant case appears to have been induced by the victim), the fact that the Defendant agreed with the victim, and the Defendant had the record of criminal punishment by participating in the past violent organization, but there is no record of crime after 2009 (in other words, it is difficult to regard the instant case as a case where the Defendant’s violent tendency was revealed, and rather, it seems that the Defendant was a case where the Defendant was fluent with the victim who was fluent with the Defendant without any particular reason while taking advantage of the circumstance of sentencing, and thus, it is reasonable to impose a fine, such as the disposition, by taking into account such various factors of sentencing, ( further, it is inconsistent with the purpose of punishment, which restricts the Defendant’s life as a sound social member, by taking criminal conviction again due to the instant case where the Defendant appears to have lived with the previous violent organization life, and thus, has been living as a constituent member of the society.

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