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(영문) 대구지방법원 2013.08.14 2013고정1320

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 29, 2012, at around 01:50 on December 29, 2012, the Defendant inflicted an injury on the victim E (the victim E (the age of 28) in front of the second gymnasium of D University in Daegu Northern-gu, Daegu-gu, on the ground that he was flaging the Defendant, resulting in the victim’s flabing, and was flaging his head by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some police interrogation protocol of the defendant;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The defendant and his defense counsel argued that the defendant and his defense counsel stated that they had no memory at the time when the crime of this case was committed. As such, the records show that the defendant had drinking alcohol at the time of the crime of this case, but did not have the ability to discern things or make decisions due to the fact that the defendant had drinking alcohol at the time of the crime of this case.

Since it seems that the defendant and his defense counsel cannot be seen to be in a state or weak condition, the above argument cannot be accepted.