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(영문) 부산지방법원 2013.10.18 2013고단5263
상해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:00 on June 26, 2013, the Defendant inflicted injury on the number of treatment days, such as tearing about 1.5cm of the victim E (the age of 57) who is a taxi driver, on one occasion by taking into consideration the part part of the body part of the victim E (the age of 57) who is a taxi driver in drinking, in which the taxi rate had reached more than his own idea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (investigation at the time of leaving the site);

1. Relevant Article 257(1) of the Criminal Act and Article 257(1) of the choice of punishment for the crime (it shall be taken into account all the circumstances, including the fact that the victim does not want to punish the defendant, the victim is an contingent crime committed under the influence of alcohol, the detention of the defendant entails excessive difficulty to his/her dependents, and the fact that the detention of the defendant entails excessive difficulty to his/her dependants);

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he was in a state of mental disorder or mental disorder by stating that he was in a state of mental disorder or mental disorder by being drunk at the time of the instant crime. In light of the records, even though he was aware of drinking prior to the instant crime, he did not have the ability to discern things or make decisions.

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

It is so decided as per Disposition for the above reasons.

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