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(영문) 부산지방법원 2017.05.10 2016고정1288

상해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The criminal facts were partly revised according to the facts acknowledged within the extent that does not actually disadvantage the defendant's exercise of his/her defense right.

around 06:40 on January 1, 2016, the Defendant inflicted injury on the victim F, an employee of the “E” entertainment room in the head of the Defendant’s room, on the ground that the victim F, who is an employee of the “E” entertainment room operated by the Defendant, found the said “D” entertainment room and demanded the victim to pay wages sealed by the Defendant, taking the head of the victim’s head as his hand, and flabing the victim’s body, going beyond the trace, and going through the telegraph, and caused the victim to undergo approximately 2 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The application of the Act and subordinate statutes to police investigation reports (as to attachment of photographs, injury diagnosis reports, etc.);

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 on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that, at the time of the instant case, in order for the injured person to collect the head debt of the defendant, the defendant only collected the head debt of the injured person, did not inflict any injury on the injured person, and used the injured person to assault and injure the injured person is a male grandchild in the restaurant at the time of the instant case.

2. The following circumstances acknowledged by each evidence of the judgment, namely, the victim, from the investigative agency to this court, took the defendant's head debt by putting him/her in his/her hands and took her head debt up to this court, and even her male hand was assaulted by her head debt at the time, the defendant was also taking his/her head debt up and took his/her own debt.

The degree of damage suffered by the victim in a specific and consistent manner and the instant case.