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(영문) 부산지방법원 2018.11.14 2018고단1232
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The defendant shall be punished by a fine of four million won;

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

Reasons

Punishment of the crime

On February 6, 2018, at around 03:15, the Defendant and B, in the street in front of the “D main store” located in the Busan Metropolitan City, Busan Metropolitan City, the victim E (18 tax) and his friendship, and on the ground that the victim said that he was bad, the Defendant suffered bodily injury, such as when the victim’s face is taken off by drinking, and the victim’s face is taken off by drinking, and the victim’s face is taken by drinking, and the victim’s b is broken up by drinking, and two sons of the victim.

Accordingly, the defendant, together with B, injured the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Part of a protocol concerning the examination of suspect B; and

3. Statement made by the police for E.

4. Closed circuit television (CCTV) video recorded in the CDs;

5. Photographs;

6. Application of the police investigation reporting Acts and subordinate statutes;

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of a punishment);

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing.

In this case, during the deep night of the defendant, the victim's argument about his/her friendship with B while speaking together with B, and the victim's two fluenites by taking care of the victim, etc. is not good, and the nature of the crime and the circumstances are not good.

Due to the defendant's crime, the victim seems to have suffered considerable shock and pain as well as physical damage.

Nevertheless, the defendant does not compensate for damages to the victim or receive a letter of suspicion.

Moreover, the defendant seems to have been punished for violent crimes even before.

However, the defendant committed the crime of this case in a dynamic manner after hearing the victim's horse of bad influence from him/her.

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