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(영문) 서울중앙지방법원 2017.07.19 2017고정666

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

In Seoul Special Metropolitan City, the Defendant is operating a middle cafeteria restaurant called “E” and the victim C (V, 57 years old) is operating a beauty room on the side of the above restaurant.

On October 4, 2016, around 08:45, the Defendant 2016, around the G community service center located in Gwanak-gu in Seoul Special Metropolitan City, hereinafter “G community service center, the Defendant saw the victim’s demonstration on the part of his cell phone on the ground that the victim she slicked the head of the Dong, such as the content that the Defendant’s restaurant is an inferior restaurant, and carried out one person’s demonstration on his hand, and rejected the victim’s motion, spits down the victim’s face, spits the victim’s head into the victim’s face, made the victim go beyond the victim’s floor, and suffered injury, such as “the chill and tension of the other schill and the scke part of the scke,” which requires two-day medical treatment.

Summary of Evidence

1. The legal statement of the witness C;

1. Written diagnosis of each injury to C;

1. Application of Acts and subordinate statutes to damaged parts and scket photographs;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (where the scope of liability for compensation is unclear);