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(영문) 서울서부지방법원 2018.06.28 2018고정2
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

On October 7, 2017, at around 02:30, the Defendant took a bath at the location of the C club located in Yongsan-gu Seoul Metropolitan Government, for the reason that the victim D (28 years of age) and shouldered, the Defendant sustained an injury to which the number of days of treatment could not be known because the part of the victim’s left arms, etc., such as the victim’s left arms, was shouldered.

Summary of Evidence

1. Each legal statement of witness D and E;

1. The defendant's crime of injury can be fully acknowledged by fully considering the following circumstances, i.e., the statement of 112 reported case processing, the victim's body photograph of the damaged part [including the above evidence] (i.e., the victim's lawfully adopted and investigated evidence; (ii) the victim's statement is consistent with the victim's statement; and (iii) the victim's body photograph of the damaged part of the body immediately after the case can be seen as a physical part of the victim's body (it is difficult to find that the victim's body cannot be a physical part of the victim's body only with the evidence Nos. 1 through 3 submitted by the defendant]; (iv) it is difficult to find the possibility that the victim's body was faced with other circumstances at the time of the case; and (v) the contents of the report at the time of the case are "the first instance part of this case's body" as follows.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act;

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

1. Provisional payment order: The reason for the sentencing of Article 334(1) of the Criminal Procedure Act [unfair circumstances] the degree of injury is not that provided for in the latter part of Article 334(1) and the latter part of the agreement [ favorable conditions];

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