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(영문) 광주지방법원 2018.05.03 2017고정1518
상해
Text

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 June 24, 2017, the Defendant: (a) around 21:45 on June 24, 2017, when she was wraped with the victim F (44 years of age, south) who she was frighted with the victim F (D) who she was frighted with the victim E in front of the “D” located in Sungsung-gun, Namsung-gun, the Defendant had inflicted an injury on the victim, who was in need of four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. The legal statement of witness G and each legal statement of witness F and E;

1. A medical certificate;

1. The CD (CCTV image display file) [the defendant and his defense counsel merely prices E and did not have any intention to make any price for the victim and no price for the victim;

However, according to the above evidence, the defendant attempted to sell E to drink while fighting with E, but the victim who satisfed it can sufficiently recognize the fact that he was at the price of the defendant's drinking, and such misunderstanding does not interfere with the intent of the actor (see Supreme Court Decision 83Do2813, Jan. 24, 1984). Thus, the above argument is not acceptable).

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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