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(영문) 서울중앙지방법원 2018.05.29 2018고정426

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

around 20:40 on October 28, 2017, the Defendant: (a) laid the victim C (25 years old) and earphones in the front line that run from “B-ro 4 Station Station” to “B-ro 4 Station” in the East Station Cultural Park Station of Jung-gu Seoul, Junggu; (b) around 20:40 on October 08, 2017; and (c) the Defendant sawd the victim “I will see why I will see it?”

Parental son was erroneous.

“........” from the injured party, “parent-related desire not be made...”

“To hear the horses “,” and assaulted the victim’s ebbbbbage with 3 to 4 fingers.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Application of Acts and subordinate statutes to C of a protocol concerning suspect interrogation of the police;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

3. As to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the grounds for conviction), the Defendant was in a state of mental and physical loss under the influence of alcohol at the time of committing the instant crime

As such, according to each of the legal statements by the witness C and D, it is recognized that the Defendant had drinking alcohol at the time of the above crime, but in light of the circumstances such as the background of the crime of this case and the horse and behavior of the Defendant, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime.

As such, the above assertion by the defense counsel is not acceptable.