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(영문) 서울남부지방법원 2017.01.17 2016고정1413
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the victim C (24 years and South) and the friendship.

Defendant

On August 1, 2015, at the front of the building in Yeongdeungpo-gu Seoul Metropolitan Government around 05:00, the victim and his/her relative group in the foregoing D building completed the drinking area together with the victim C, and the victim and his/her relative group in the family of friendship with the victim C, and even after E has left the drinking area, he/she continued to take a bath to E and expressed his/her desire to be a tree, and the victim and his/her horse dispute occurred with the victim. Furthermore, he/she fights on his/her body, such as drinking, once the victim's face, once a part of clothes, and flabing the 28-day flab, which requires treatment for about 28 days, and the victim suffered injury, such as injury to the left side of the flab (e.g., the right side, the flabing, the flabing, the fladal, the fladal, etc.).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Partial statement of the witness C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the crime, 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. 가납명령 형사 소송법 제 334조 제 1 항 무죄부분 이 부분 공소사실의 요지는 피고인이 피해자의 머리채를 잡고 앞으로 잡아당겨 피해자로 하여금 앞으로 넘어지면서 얼굴을 바닥에 찧게 하였다는 것이다.

In light of the fact that the crime of assault is defined separately from the crime of assault under the Criminal Act, it is not sufficient to establish the crime of assault, and there is a perception and intent that the result of the bodily injury is to damage the other person's physiological function.

Therefore, in order to apply the crime of injury to the defendant, the defendant has abused the victim with the intention to inflict an injury, such as recognizing the result of the injury and allowing it.

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