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(영문) 부산지방법원 2016.04.06 2015고단5163
상해등
Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

1. On November 201, 2013, at the end of 23:00, the Defendant, on the ground that he had talked with a male guest, from the stairs at the entrance of the “Dnnb in Busan,” where the victimized person works, he was placed in the mouth of the boom, which requires treatment for about 12 days in consideration of the victim’s side glass and knives, as a drinking, on the ground that he had talked with a male guest.

2. On May 2014, the Defendant: (a) 22:00, at the Defendant’s house located in Busan Seo-gu, and around 22:0, 2014, laid down the victim’s body, head, head, and shoulder continuously on the ground floor and laid down the victim’s body, and carried the victim’s body, kids, head, shoulder, and brue, which require treatment for up to 11 days from time to time, on the ground that the victim’s name was changed to F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the instant crime is that the Defendant inflicted an injury on the victim twice as above, and the nature of the crime is not that of the victim.

However, the sentencing conditions, such as the defendant's age, sex, environment, motive and circumstance after the crime, etc., shall be determined as ordered in consideration of the fact that the defendant generally recognizes the mistake and reflects the fact that the injured party does not want the punishment of the defendant, and that the injured party does not want the punishment of the defendant.

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