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(영문) 서울북부지방법원 2017.10.13 2017고정866
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

On February 26, 2017, at around 21:15, the Defendant expressed a bath at the main point of “D” located in Dobong-gu Seoul Metropolitan Government, on the ground that the victim E, who drinks alcoholic beverages, refuses to offer his/her joint stones, and when he/she drinks a part of the victim’s inside and outside of the body, the Defendant was unable to identify the number of days of treatment.

Summary of Evidence

1. Legal statements from witnesses E and F;

1. Application of Acts and subordinate statutes to a report on investigation (grounds for changing the name of a crime);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. On February 26, 2017, at the main point of “D” located in Dobong-gu Seoul Metropolitan Government, the Defendant took a bath on the ground that the victim E, who drinks alcoholic beverages and refuses to offer his/her joint seat while drinking a part of the victim’s inside and outside the floor, the Defendant saw the victim’s snow with heavy snow while the victim goes beyond the floor, and caused the victim’s snow with heavy snow, thereby making it difficult for the victim to know the number of days of treatment.

2. According to the records, the part of the facts charged in light of the fact that the defendant's snow was found to have inflicted an eye on the victim when the victim sees a part of the victim's inside, but the victim stated that the victim does not face a eye in the table, etc. while the victim goes beyond the defendant's face from the defendant in this court, it is insufficient to recognize the part of the facts charged that "the damaged person goes beyond the floor and the damaged person gets off the floor, and the snow in the fire is faced with a eye," which is submitted by the prosecutor, and there is no other evidence to acknowledge it.

Therefore, this part of the facts charged should be pronounced not guilty by the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as the defendant is found guilty of a crime of bodily injury in relation to such a crime, the judgment of

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