beta
(영문) 대구지방법원 상주지원 2015.08.18 2015고정72

상해

Text

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

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

Reasons

Punishment of the crime

Around 17:00 on February 5, 2015, the Defendant, at the “C” restaurant located in B at a permanent address of 17:00, went together with the victim D(59 years of age) while drinking alcohol, and went against E, the Defendant, under the influence of alcohol, went against the victim’s driver, divided the victim into one time, and the victim “whether he would grow up on the victim’s fright.” The Defendant, with the victim’s breath, she was in a breath, and she was in a breath, and she was in a way above the victim’s breath, and used on the floor. The Defendant, at the same time, she was in a way to take part in the canter, and took part in the body of the victim, and took part in the body of the victim’s face, and took part in the body of the victim’s face at the same time, and took part in the body of the victim’s 4 weeks and the body of the victim’s body.

Summary of Evidence

1. 증인 D의 법정진술(피고인이 주먹으로 D의 가슴과 얼굴을 때리고 발로 찼다는 진술)

1. 증인 E의 법정진술(피고인이 D를 때리고 발로 찼다는 진술)

1. Photographs (ma) of the parts of the D upper part;

1. A medical certificate of injury (to be entered in accordance with the part and degree of injury entered in the facts constituting an offense on the market);

1. Application of the 112 Report List of the 112 Report Case (E reported twice to the effect that the Defendant was frighting at drinking) [The Defendant denied the fact of injury, but it is recognized that the Defendant inflicted injury on the victim according to the evidence as seen above] statutory provisions are applicable.

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. It is recognized that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act does not agree with the victim.

However, the victims are also responsible for the occurrence of crimes and the expansion of damage, and the age, character, conduct and environment of the defendants, motives, means and results of the crimes.