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(영문) 대구지방법원 2019.02.26 2018고정518
상해
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant and B are those who drink in the D cafeteria located in Daegu Nam-gu, and have been drinking in several times.

On October 7, 2017, the Defendant: (a) around 04:00, while drinking alcohol in the above D restaurant, she, without any particular reason, she saw a trial expense to the victim B (the age of 52) (the age of 52) who drinked the next table; (b) taken the victim’s chest in his/her hand with his/her breath, and her breath, she boomed the victim’s chest, and she pushed the victim.

The defendant continues to fighting with customers of the restaurant outside the restaurant with the victim of the horse, and takes the fighting at the front of the next restaurant shop next to the restaurant.

The victim and the victim are faced with the body of the defendant and the victim at the front glass at the front glass of the workplace, the glass window was broken, and the victim knifeed in the glass angle.

As a result, the Defendant caused the injury of the victim, such as “a open situation of the following sale’s detailed unknown part, and an unknown son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

Summary of Evidence

1. Each legal statement of witness B and E;

1. Each police interrogation protocol concerning the accused and B;

1. A medical certificate;

1. CCTV image [In full view of the evidence duly adopted and examined by this court, the body of the defendant and the victim faced with a glass window while the defendant and the victim were in fighting, and thereby the fact that the victim suffered an injury can be recognized. Thus, the defendant's punishment of physical fighting with the victim constitutes an assault against the victim, and the defendant could have sufficiently predicted that the victim could suffer an injury due to such assault, and that the defendant could have suffered an injury.] The application of Acts and subordinate statutes is applicable to the CCTV image.

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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