상해
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
around 00:50 on July 8, 2017, at the entrance of the “D” restaurant in Seo-gu, Gwangju (hereinafter “instant restaurant”), the Defendant: (a) caused an accident of drinking; (b) caused the victim E to drive drinking; (c) caused the said restaurant to flee; and (d) followed the victim by taking the shoulder of the victim by hand.
As a result, the Defendant brought the victim with brain-dead, fluoral dysium, dysium, and dysium, which require two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Partial statement of the protocol concerning the examination of the suspect against the defendant;
1. Statement in the police statement protocol against E;
1. Application of Acts and subordinate statutes written diagnosis of injury;
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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The alleged defendant and his defense counsel acknowledged the fact that the defendant committed the act identical to the facts charged, but the defendant's act constitutes a justifiable act as an arrest of a flagrant offender under Article 212 of the Criminal Procedure Act.
2. Determination
A. The arrest of a private person of a flagrant offender is justified as an act under the law, but there should be concerns about the necessity of the arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment of the act as a requirement for the arrest of a flagrant offender, the current situation of the crime, and the apparentness of the crime.
In addition, the issue of whether the arrest in the act of committing the crime exceeded the appropriate limits and can not be an act under the laws or regulations is determined depending on whether the act satisfies the general requirements of the act of a political party
B. The record reveals the following facts.
① On July 7, 2017, the Defendant and the victim got to drinks and drinks in the instant restaurant.
Defendant
At first of all, the victim started from the restaurant around the day of the first day, and then the victim is the mother of the restaurant near the restaurant from the argue.