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(영문) 인천지방법원 2014.08.21 2014고단364
상해
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 11, 2013, at around 02:38, the Defendant, within the “Eju” of the second floor of the Bupyeong-gu Incheon Bupyeong-gu D Building, was in line with the alcohol residues of the victim F (26 years of age), and was in line with the victim’s face when the victim’s face was taken into drinking, and was in excess of the victim’s face when the victim’s head was taken into drinking, and was in line with the victim’s head head head at several times, and was in line with approximately seven weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Each legal statement of witness F and G;

1. A medical certificate or CCTV image photograph;

1. Application of the Acts and subordinate statutes on the investigation report (CCTV image photographs);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty surcharge of KRW 4,000,000 to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. The judgment as to the assertion by the defendant and his defense counsel under Article 59 (1) of the Criminal Code (Article 59 (1) of the Suspension of Pronouncement of Sentence (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59 (1) of the Criminal Code (Article 59);

1. The alleged defendant and his defense counsel asserts that the crime of this case occurred in the process of suppressing the victim who fights with the influence of alcohol and thus constitutes self-defense or excessive defense conducted at night or under other extraordinary circumstances.

2. As seen earlier, although there is a significant reason to consider the Defendant’s normal condition, the Defendant was trying to breathly and physically even after the victim took a cruel bath.

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