손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
1. The plaintiff alleged in the parties' assertion that the defendant suffered injury in response to the deceased's chairs while speaking in the alcohol house, and sought compensation for damages, such as medical expenses, from the defendant, and the defendant did not cause injury to the plaintiff.
2. In light of the following circumstances, the Plaintiff may be deemed to have suffered bodily injury from the Defendant’s deceased noble person, and the Defendant is liable for compensating the Plaintiff for damages incurred by the said tort in accordance with Article 750 of the Civil Act.
At around 03:00 on June 3, 2012, the Defendant, at the main point of “D” located in Songpa-gu Seoul Metropolitan Government, performed a e-mail and a steel bridge attached to drinking alcohol on the side table table, and the Plaintiff, at the time the Defendant, who frighted to drinking E, suffered from the inside and outside of the left side (hereinafter “instant injury”).
B. The Defendant was indicted by the court of the first instance on the charge that he had committed the instant injury to the Plaintiff by gathering the chair who is a dangerous object, such as paragraph (1), and was convicted of the charge (Seoul Eastern District Court 2012Kadan2496), and the Defendant appealed against this and was sentenced to a judgment dismissing the appeal.
(2) On the other hand, the court of final appeal reversed and remanded the appeal without further proceeding to decide on the Defendant’s grounds of final appeal on the ground that the aforementioned facts charged cannot be punished pursuant to the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences Act”) and can be punished pursuant to Article 258-2(1) of the Criminal Act, a new corporation, at the time of an act under Article 1(2) of the Criminal Act (see Supreme Court Decision 2015Do19421, Jan. 6, 2016); and currently, the court of final appeal is continuing to reverse and return the same (see
(Seoul Eastern District Court 2016No369). (c)
On the other hand, in the court of first instance of the defendant's above criminal case, the defendant's words "the defendant's surrounding defects about the defendant's attempt to go against the suspect, and the defendant's interest.