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Reasons
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(영문) 제주지방법원 2012.03.23 2012고정88
상해등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 7, 2011, the Defendant: (a) around 04:10, the victim D (the 49-year-old and inn) was drinking in the “E dan bar” operated by the victim D (the 49-year-old and inn) and was out of the bar, and the victim changed the drinking value in front of the danran bar, and caused the victim to suffer damage to the victim’s face character and strawing of the string that requires approximately one week of treatment.

(Facts of prosecution are deemed to have taken five times the victim's face face by drinking by the defendant. However, according to the police statement statement against the victim, the victim himself/herself stated that he/she was her blick with the victim's hand floor only once. Thus, the summary of the evidence is recognized as above.

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense. Article 257 (1) of the Criminal Act;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Of the facts charged in the instant case, the Defendant committed assault, at the time and place indicated in the facts charged, such as the victim F’s left face face and the right face one time each at the victim F’s left face.

2. The facts charged in this part of the judgment shall not be prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

However, the victim withdrawn his/her wish to punish the defendant on March 15, 2012, which was after the prosecution of this case, and thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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