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(영문) 서울동부지방법원 2019.08.12 2019고단1513

상해

Text

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

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

Reasons

Criminal facts

On April 25, 2019, the Defendant: (a) around 12:00, while working as the delivery source at a restaurant managed by the victim C (the age of 33) located in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant provided the Defendant with the bath for the late reasons that the delivery was delayed, such as the Defendant and the victim “grhum. Chewing.”

The Defendant continued to inflict bodily injury on the victim for about 14 days by putting the victim’s head into double breath and breath in hand, resulting in the victim’s hair at hand, and causing the victim’s head to face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of CCTV Acts and subordinate statutes;

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 grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is a crime of assaulting a victim in a way that the defendant took a bath while engaging in a dispute with the victim, and makes the victim take breath and cut off with a wall, and the crime is not good.

The defendant has been punished by a fine of not less than 20 times for various crimes, including crimes related to violence, such as assault, assault, damage to property, and crime of interference with business.

In light of this point, it is necessary to strictly punish the defendant.

On the other hand, at the time, the defendant carried the bridge of the victim two times with the left hand and pushed the victim with the wall, and took a attitude to see the victim's hand, but did not price the victim by her hand (CCTV image, the defendant 2 times left hand and carried the victim's bat, and did not price the victim with the wall). The victim's bodily injury is a wall with the batf.