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(영문) 서울중앙지방법원 2014.02.06 2012고정6989

상해

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 2,000,000.

Defendant

A and C shall be subject to the above fine.

Reasons

Punishment of the crime

Defendant

A and Defendant C are parking managers of 'G' restaurants in Jongno-gu Seoul Metropolitan Government F.

1. On June 9, 2012, Defendant A: (a) around 18:20, the Defendant: (b) got a customer who visited a 'G’ restaurant to a 'I’ restaurant; (c) brought his body fighting with the victim as a vision; (d) brought the victim to a 'I’ restaurant; and (e) brought the victim’s head to a bar in the vicinity of the victim; and (e) put the victim into a duct for approximately two weeks of treatment.

2. As set forth in paragraph 1, Defendant C, who observed the wrap of A and B, took the victim’s face at 'I’ J and Si expenses, who was an employee at 'I’ restaurant, and flicked the victim’s face once a week, and flicked the victim at several times, and flicked the victim with approximately three weeks of medical treatment, and flicked the victim’s face at one time as drinking.

Summary of Evidence

1. Each legal statement of the defendant A and C;

1. Each police interrogation protocol against Defendant B and K

1. Each police statement to L/J;

1. Each written statement of L, J, M, or K;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury (74 pages of investigation records), medical certificate (14 pages of investigation records);

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) (Selection of Fine): Defendant C: Articles 257 (1) and 260 (1) of the Criminal Act;

1. Defendant C from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A and C in the custody of a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A and C: The portion not guilty under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged was around 18:20 on June 9, 2012, Defendant B, in front of Jongno-gu Seoul, Jongno-gu, Seoul, and while fighting the victim A and his body, he was supbling the breath of the victim, and was supposed with the face of the victim on one occasion by drinking the victim, and had the victim’s face at least two weeks of treatment.

2. Determination.