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(영문) 서울중앙지방법원 2018.10.17 2018고정1098
상해
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On December 5, 2017, around 05:50 on December 5, 2017, the Defendant inflicted injury on the victim F (25 years of age) who was another table customer F (25 years of age) on the way ahead of the Gangnam-gu Seoul Metropolitan Government “E”, on the ground that the Defendant expressed a desire to her female-friendly G, thereby walking the face of the victim F, thereby getting about four weeks of treatment to the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. An injury diagnosis certificate (F);

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the 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 (the point of injury to the victim C) of the Provisional Payment Order;

1. On December 5, 2017, the Defendant: (a) around 05:50 on December 5, 2017, on the road of “E” located in Gangnam-gu Seoul, Seoul; (b) brought an injury to the victim C (25) who was a female-friendly G on the ground that the victim C (25 Dose) had expressed a bath to another female-friendly G, thereby walking the victim C’s right snow part of the charge, and caused the following victim C to undergo approximately two-day medical treatment.

2. 판단 이 사건 공소사실 중 피고인이 피해자 C의 오른쪽 눈 부분을 발로 걷어 찼는지 여부에 관하여 본다.

The following circumstances acknowledged by the evidence, including the video of CCTV, are: (a) this part of the facts charged was between 05:13 on December 5, 2017 and 05:15 on the screen of CCTV images; or (b) in CCTV images, there is no appearance that the Defendant walked with the victim C (in addition, as indicated in the facts constituting a crime, the Defendant walked with F’s face, and the victim C went to the Defendant; and (c) there was no physical contact between the Defendant and the victim because other persons, such as police officers, etc. prevent the Defendant from doing so.

In light of the above, the evidence submitted by the prosecutor is sufficient.

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