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(영문) 제주지방법원 2018.12.21 2018고단90

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

On May 31, 2017, the Defendant: (a) around 04:15, at the Jeju Island “D” restaurant located in C, and (b) had been requested from the victim E (V) who is the customer in the next table, who had drinking together with his her fluor, and was in the process of drinking alcoholic beverages; (c) had the victim's fluoral part of the victim's fluoral part of the victim's fluoral part of the victim's fluoral part of the victim's fluoral part of the victim's fluoral part of the victim's fluoral part, and

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Relevant photographs;

1. A criminal investigation report (in the event of a crime, internal ctv attachment); one CD;

1. A written diagnosis of injury;

1. Each investigation report (the counter-investigation of victims);

1. The defendant asserts that the defendant's hand does not contact the victim's head, although the defendant's hand does not see the victim's efficacy and effect of the victim's prescription.

However, the following facts are revealed by the evidence of the judgment: (a) the background of the instant case; (b) the Defendant’s act shown in CCTV images; (c) the victim was first given medical treatment at the hospital on May 31, 2017, the day of the instant case; and (d) the victim was prescribed after being given medical treatment at the hospital after the lapse of one week; (c) the Defendant stated that he dysnating much alcohol to the extent that he would take at the time and that his specific behavior was not memory (Evidence No. 31, 32 pages of the evidence record); (d) the victim’s statement and the victim’s attitude of statement in the court; and

Comprehensively taking account of the fact that the defendant suffered an injury, such as the statement in the judgment, by making the victim's head part in his/her hand, can be recognized.

We do not accept the above argument.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that a person injured by reason of the sentencing of Article 334(1) is the criminal defendant.