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(영문) 부산지방법원 2015.09.23 2015고단3322
상해
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A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

On April 21, 2015, at around 15:10, the Defendant: (a) expressed that “D” restaurant located in the C market located in the Busan Yagu B, and that “A victim E (the age of 54), who is the next mebbbbing customer during the drinking of alcohol, dumbing the Defendant “I must see that I would like to drink, I would like to dumbing. I would like to do so,” and (b) expressed that “I would dumbing, I would like to dumbing, I would salbling the victim’s head, and would like to salbling the victim’s face with his left hand, the Defendant inflicted on the victim, such as the inner salbal, if I would like to give approximately two weeks of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant who was punished several times by a fine for the same kind of crime committed an injury requiring treatment for about two weeks by assaulting the victim, and the nature of the crime is not weak.

However, the punishment as ordered shall be determined by taking into account all the circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime, etc., which are against the defendant, the fact that the victim does not want the punishment of the defendant, the degree of injury appears to be minor, and the punishment shall be determined as ordered in consideration of all the circumstances.

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