(영문) 서울서부지방법원 2015.04.09 2014고정2430



Defendant shall be punished by a fine of KRW 1,000,000.

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


Punishment of the crime

On August 19, 2014, at around 19:50, the Defendant visited “DPC” located in Yongsan-gu Seoul Metropolitan Government, and had the victim E (63 years of age) escape from the influence of alcohol within the PC, and release the PC to the outside, while the victim E (63 years of age), was under the duty of care to prevent the victim from going beyond the center due to the influence of alcohol, thereby allowing the victim to go beyond the entrance by opening the entrance.

As a result, the defendant suffered injury to the victim from an injury to the climatic climatic surgery that requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. A report on an investigation (or a medical certificate);

1. Application of statutes governing field CCTV images;

1. Relevant Article 266 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel in the grounds of conviction of Article 334(1) of the Criminal Procedure Act asserts that, at the time, the defendant opened a entrance to show the victim E out of the PC bank, but the victim was under the influence of alcohol and the defendant did not have any contact with E.

However, according to the evidence duly adopted and examined by this court, the Defendant had the victim E left the entrance door to show the disturbance under the influence of alcohol within the PC inside the PC, and the victim had the entrance door opened to the PC. The victim had the Defendant open to the entrance.

As such, the victim was unable to properly hold his body while under the influence of alcohol, and the Defendant was well aware of this, and thus, the Defendant, as the Defendant, neglected his duty of care to attach the body of the victim or to confirm the entrance and exit and open the entrance so that the victim does not go beyond the body.