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(영문) 서울동부지방법원 2017.04.14 2016고정1727
상해
Text

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

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

Reasons

Punishment of the crime

On June 13, 2016, at around 00:10, the Defendant: (a) committed assault to the victim E (S) and D business owners in Seongdong-gu Seoul Metropolitan City to drink alcohol; and (b) requested D business owners to provide alcohol; (c) on the ground that the victim was refused, he/she did his/her behavior, such as drinking alcohol by inserting fingers into a bath, and seeing massage; (d) on the ground floor, the Defendant brought an injury to the victim, by assaulting the victim, such as killing the victim’s candle and spathing the drinking, again spathing the drinking, while going beyond the ground floor, and then putting about four weeks off the right side for treatment.

Summary of Evidence

1. Entry of the defendant in part of the trial record on the first trial by court;

1. Legal statement of witness E;

1. The written diagnosis of injury (the defendant and his defense counsel asserted that the defendant's act constitutes legitimate defense for the defense of the victim's assault, but in light of the developments leading up to the occurrence of this case, circumstances at the time of the crime, degree of injury to the victim, etc. acknowledged by each evidence above, the defendant's act was to defend the present unfair infringement.

As such, the defendant and his defense counsel cannot be seen, we cannot accept the above argument.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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