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(영문) 서울중앙지방법원 2017.05.12 2017고단1303

상해

Text

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

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

Reasons

Punishment of the crime

The Defendant is a “C” restaurant employee.

피고인은 2017. 1. 15. 23:20 경 서울 관악구 D에 있는 'C' 식당에서 일하던 중 손님인 피해자 E(48 세) 이 음식 맛이 없다면서 심한 불평과 욕설을 하고 식당을 나가 버리자 격분하여 위 식당 앞 횡단보도를 건너고 있는 피해자를 뒤따라가 서 울 관악구 F에 있는 ‘G 편의점’ 앞 길에서 피해자의 멱살을 잡고 주먹으로 얼굴을 1회 때려 넘어뜨린 후 몸싸움을 하던 중 피해자의 엄지를 잡아챘다.

Therefore, the defendant suffered bodily injury such as internal and ductal surgery, ductal surgery, and approximately five weeks of treatment, which require the victim to receive approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the victim, without any special reason, breadd the defendant under the influence of alcohol at a restaurant in which the defendant works as an employee, thereby insulting the defendant and interfering with the restaurant business.

For this reason, the defendant who did not participate in the ethization inflicted injury on the victim as stated in the facts charged. However, although the error of the defendant was large, the victim cannot be said to have any reason to return to the victim, such as providing motive, the first crime, the fact that the victim is a young and social ties with the age of the 20th beginning, and other reasons for sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., shall be determined by the same sentence as the order.