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(영문) 대구지방법원 김천지원 2014.03.26 2013고단965
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 5, 2013, at around 23:00, the Defendant, while drinking alcohol together with the victim E (nivers, 50 years of age) on June 5, 2013, had been under the influence of alcohol, and the victim was under the influence of alcohol, and had the beer, who was on the table, and had the beer, who was contained in the beer, on the table of the table, displayed the beer to the victim so that the victim can spread it to the victim.

After all, the Defendant puts the beer fright to the victim, as above, to the victim.

As a result, the victim suffered injuries, such as the cutting of a stoke, which requires treatment for about four weeks, by putting beer residues in line with the part of the victim's coaches.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the part of the E's statement);

1. The prosecutor's statement concerning G;

1. Partial statement of the police interrogation protocol of the accused;

1. Some statements in the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant Article 262 of the Criminal Act and Articles 262 and 257 (1) of the Criminal Act, the choice of fines concerning criminal facts;

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

1. In full view of all the circumstances, such as the fact that a victim’s injury on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order is not easy, the fact that there is no effort to recover damage, the fact that there is no reflectivity, the fact that there is no record of punishment of a fine due to the crime of injury in 2009, and the fact that there is no criminal record exceeding the unfavorable conditions and fines, the punishment shall be determined as ordered by the disposition.

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