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(영문) 부산지방법원 2018.09.28 2018고단3130
상해
Text

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

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

Reasons

Punishment of the crime

1. On July 10, 2018, the Defendant was sentenced to a suspended sentence of three years and six months for a two-year period of imprisonment, and the judgment on July 18, 2018 became final and conclusive on July 18, 2018.

2. On February 26, 2017, the Defendant, at around 23:00, injured the victim’s face and left side on the ground that he/she was under the influence of the Defendant’s entrance, on the ground that he/she was under the influence of the Defendant, and was under the influence of alcohol at the underground parking lot of the department store in Busan East-gu, Busan-gu, and that he/she was under the influence of the Defendant’s entrance, and that he/she was under the influence of the Defendant.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

B. Statement by the police against C

(c) Medical certificates and medical treatment certificates;

2. The records of the offense;

(a) A copy of the judgment;

B. Application of the law reporting prior convictions and results of confirmation

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

2. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply.

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

4. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

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

In this case, on the ground that the defendant's personal injury and the victim's face and left back return to the victim, etc. were inflicted an injury, such as the victim's face and left return, and the nature and circumstances of the crime are not good.

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

However, the defendant seems to have committed the crime of this case at the same time when the defendant was faced with the victim and was in distress, and the crime of this case is recognized and the mistake is divided, and the victim after the death of the defendant.

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