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(영문) 서울서부지방법원 2015.10.21 2015고단426

상해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 20:00 on June 23, 2014, the Defendant reported that there was a victim F (50 years of age) who was not good to give appraisal as a matter of usual shopping mall in Mapo-gu Seoul Metropolitan City D market, and assaulted the victim's face twice as drinking.

Summary of Evidence

1. Legal statement of Co-Defendant and Witness F (hereinafter “F”)

1. Each legal statement of witness G, H and I;

1. Entry of F and H in the suspect examination protocol of the prosecution with respect to F, and entry of part of the accused;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police interrogation protocol concerning G, H, and F;

1. Application of the Act on the Statement of Statement to the Police of the Defendant

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant continues to deny the crime and instead, he/she files a criminal complaint against the victim F that he/she abused.

However, the punishment as ordered shall be determined in consideration of the fact that he/she has committed the crime of this case in kind under the influence of alcohol, the degree of violence is not much severe, and the defendant has no record of criminal punishment for the same kind.