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(영문) 광주지방법원 2017.10.25 2017고단3056
상해등
Text

The sentence against the accused shall be determined by a fine of two million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

around 23:50 on March 11, 2017, the Defendant: (a) while drinking alcohol together with drinking at the “D” store located in Gwangju-gu, Nam-gu, Gwangju; (b) on the front side of the above Gayon, the Defendant asserted with the victim N(32 tax) O; and (c) on the victim’s hand, “I am at the road, and such fighting is fighting at the house, I fightd by the victim once at the house; (d) the victim’s boomed into the said shop according to the Defendant; (e) the victim carried the defect into the said shop; and (e) the victim boomed the victim with his hand outside the house at two times.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of N orO;

1. On the basis of the circumstances such as the Defendant, the victim, and witnesses' behavior shown in theCCTV, and especially the place where the Defendant and the victim are located, the Defendant, alone, opened the house of Adin and attempted to enter the house of Adin as if the victim wanted to resist from the Defendant. In this case, in full view of the circumstances such as the fact that the Defendant, the victim, and the witness's behavior, and in particular, K, the owner of Adin's house, look at the place where the Defendant and the victim are located, and then, the Defendant, alone, came into the house of Adin and attempted to enter the house of Adin as if the victim want to resist from the Defendant. The Defendant strongly sealed the victim that occurred out of Adin's own place, and attempted to grow back the way to the back of Adin house, and the situation of the police dispatch, etc., the victim and the victim, who are in accordance with this part of the facts charged, can be sufficiently believed;

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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. The summary of this part of the facts charged requires the victim to receive approximately five weeks of treatment by pushing the victim's O (the age of 29) face to the victim's face, which assaults N as stated in the facts charged.

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