beta
(영문) 서울중앙지방법원 2019.06.27 2019고단1822

상해등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 4, 2018, at around 01:50, the Defendant: (a) 01:50, the Defendant, after drinking alcohol in a singing machine, demanded credit to the victim D, who is an employee, but was refused to provide credit; (b) the Defendant had been engaged in the instant singing machine, including the above D, etc.

The Defendant, at the above date and time and place, had the face of the victim E (ma, 40 years of age) who took the Defendant at drinking, and had the victim injured the victim about 14 days of the entrance fee requiring medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, F, G, and E;

1. Photographs photographs of damaged parts of each victim;

1. A written diagnosis of injury;

1. Application of CCTV data-related 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 sentencing reasons of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the provisional payment order include the following: (a) the accused confessions all the crimes and reflects them; (b) the victim’s injury appears to be relatively minor; (c) there is no record of criminal punishment exceeding the suspension of the execution of imprisonment; and (d) the victim does not want the punishment of the defendant; and (b) other sentencing conditions as shown in the trial process of the instant case, including the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime

Public Prosecution Rejection Parts

1. Around 01:50 on December 4, 2018, the Defendant assaulted the above D, including assaulting the victim F, who was his/her employee, by drinking alcohol in a singtob, demanding credit to the victim D (ma, 23 years of age) who was denied after having been able to ask him/her to drink in a singtob, cutting down the said D’s title twice, cutting down the bat, bating the bat, etc., the victim F (ma, South, 38 years of age) followed the victim F (ma, South, 38 years of age), and assaulted the said F, such as bating the bat of the f’s head, bating the bat of G (ma, 30 years of age), and bating the fat of the victim G (ma, and 30 years of age).

2. Determination.