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(영문) 부산지방법원 2017.05.19 2015고합436
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 28, 2015, the Defendant was sentenced to the suspension of the execution of 8 months of imprisonment with prison labor for the intrusion of a structure at the Busan District Court, and on March 24, 2016, the judgment became final and conclusive.

around 23:00 on February 13, 2015, the Defendant lent a loan to the Victim C (34 tax).

In order to divide conversations between the issue of debt repayment of KRW 1 billion and the case on which the injured party filed a complaint against the Defendant with the Busan High Police Station, the victim was only the victim at the 209 studio of the Busan High Coast Guard D located in the Busan High Coast Guard.

In the above 209 room, when the victim divided the conversation with the victim, each other is increasing, and the victim was placed on the glass World Cup on the table, and the victim was placed on the body of the victim in a small wave, and the victim was 2-3 times the face of the victim was 2-3 times at the hand floor, and the victim was 2-3 times the victim's face was prevented, and then the victim was 2-3 times the victim's face was her hand, and the victim was 2-3 times the victim's face was her hand, and the victim was b-3 times the victim's face was spicked.

Summary of Evidence

1. Statement of the defendant in the protocol of public trial once;

1. Partial statement of C in the protocol of interrogation of the suspect against the defendant by the prosecution;

1. Each statement of opinion, investigation report (net 3);

1. Before judgment: Application of Acts and subordinate statutes in which the defendant's statement is stated in the judgment of 1402 case at the order of Busan District Court 2015 High Court and the 14th public trial records;

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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: A fine not exceeding 10 million won;

2. Scope of recommending punishment: The sentencing criteria shall not apply (shorter concurrent crimes and select fines after Article 37 of the Criminal Act).

3. The crime of this case, which was sentenced to sentence, was committed by the defendant by taking the face of the victim into consideration.

The defendant is the same crime.

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