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(영문) 인천지방법원 부천지원 2015.03.12 2014고정1069
상해
Text

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

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

Reasons

Punishment of the crime

On 26, 00:00 on 26, 2013, the Defendant injured the victim D(65 years of age) and his face from the front of the “Cju shop” located in Seocheon-gu, Seocheon-gu, Seocheon-si B, and caused injury to the right side, such as the inner section, the inspection, etc., which requires treatment for 14 days of drinking among disputes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a victim's photograph and injury diagnosis report;

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning a provisional payment order is alleged to the effect that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defendant's assertion is rejected.

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