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(영문) 수원지방법원 2016.12.15 2016고단6365
상해등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 18:30 on September 23, 2016, the Defendant: (a) in a restaurant operated by G (53 years of age and inn) in G (53) with the wife population B (hereinafter “C”); (b) under the influence of alcohol, the Defendant: (c) took a breath’s head debt with both hand without any particular reason; (d) took a bath to the victim D (52 years of age) who continues to restrain the Defendant; and (e) took care of the victim D’s face on a hand; (e) took care of the victim D’s knee and took care of about 14 days, the Defendant inflicted injury on the victim D, such as snee and kne, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant injured the victim by neglecting the victim, and thus, the defendant is highly responsible for the injury.

On the other hand, the fact of crime is recognized and wrong.

It is also recognized that, other than a fine (one-time), the history of criminal punishment is not confirmed.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the instant pleadings, a fine shall be imposed on the Defendant.

Public Prosecution Rejection Parts

1. On September 23, 2016, at around 18:30 on September 23, 2016, the Defendant: (a) committed assault against the Victim C in a restaurant operated by the Victim C (53 years of age and inn) with the wife population B; (b) under the influence of alcohol, the Defendant: (c) dumped the victim C’s head debt by hand without any particular reason; and (d) by hand, when the victim C’s head debt can be cut off

2. Rejection of public prosecution against the victim who wishes to punish him/her after public prosecution is instituted;

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