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(영문) 서울남부지방법원 2013.07.17 2013고정831

상해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 15, 2012, around 00:10 on March 15, 2012, the Defendant entered “D” restaurant operated by the victim C (n, 54 years of age) located in Yeongdeungpo-gu Seoul Metropolitan Government, and ordered alcohol and alcohol as if it were to calculate the liquor value.

However, the defendant did not have the intention or ability to pay the price.

Nevertheless, the Defendant received an amount equivalent to 100,000 won at the market price, such as 100,000,000, from the victim beyond it, and did not pay the price to the victim.

2. On March 15, 2012, at around 01:15, the Defendant expressed that the victim would have calculated the drinking value in the above restaurant, and expressed the victim’s desire to “YYYA” to “YYYA”, and the Defendant committed assault to the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of receipts, Acts and subordinate statutes governing victim photographs;

1. Relevant Article 347(1) of the Criminal Act, Article 257 of the Criminal Act and Article 347 of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.