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(영문) 대전지방법원 2012.10.26 2012고정1542

상해

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 26, 2012, at around 22:00, the Defendant: (a) placed a hand on the shoulder of the victim D (Nam, 28 years of age) employed by himself/herself; (b) thus, the Defendant neglected his/her duty of care to prevent the victim from getting out of or getting out of the stairs; and (c) neglected his/her care; and (d) caused the victim to suffer from injury, such as dump salt, which requires the victim to receive approximately three weeks of medical treatment, as the victim lost balance, by putting the shoulder of the victim on his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A copy of a medical certificate, a certificate of release on a deposit, and other copies;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim's hearing of oral statements and telephone recording);

1. Relevant Article of the Criminal Act and Article 266 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, claiming that the defendant had mental and physical loss or mental weakness under the influence of alcohol at the time of the case.

In light of the circumstances before and after the crime, the method of the crime, etc., there was a significant limitation in identifying things and determining intention due to drinking, in light of the following: (a) the defendant could have been admitted to drink a considerable amount of alcohol at the time of the instant case; (b) the evidence duly adopted and examined by the court; (c) however, the defendant

It is difficult to see that there was little or nearly impossible condition, and there is no other evidence to recognize it.

Therefore, the defendant and his defense counsel's assertion is without merit.

The punishment of the crime, including the criminal record before the suspension of the execution of the several times of sentencing, is over 100 times, and the injury and injury suffered by the victim is not easy, but hospital treatment is given accordingly.