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(영문) 서울중앙지방법원 2015.05.14 2014고정5516
상해등
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

At around 18:00 on September 3, 2013, the Defendant saw the Defendant’s horse at “E” restaurant operated by Jongno-gu Seoul, Jongno-gu, the victim D, who was accommodated with the victim D, and expressed to the victim D, the Defendant expressed the victim D his bath at a large interest of “We need to see this pair of years, she is the president, she will going to her inside, and she will go to her inside,” and thereafter, the victim F (52 years of age) who was living in the restaurant table. The Defendant she sawd the Defendant’s arms that he was seated in the restaurant table, and prevented customers from entering the restaurant by putting about 10 minutes of the victim F, such as melting the neck of the neck.

As a result, the Defendant committed an unexplosion of treatment days around the victim F's eye, and interfered with the victim D's restaurant business by force.

Summary of Evidence

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. A criminal investigation report (related to attachingCCTV data);

1. A photograph of the damaged part of the victim F;

1. Application of the Acts and subordinate statutes governing video recording images in a restaurant;

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of a fine for the crime, the choice of a penalty, and the choice of a fine for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant and defense counsel asserted that the Defendant’s act constituted self-defense or legitimate act, since the victim F was merely engaged in catching or plucking the Defendant, and doing so against it.

However, according to the evidence of the court below, the defendant was trying to see the above victim's face with the victim F, who led the defendant's arms and released the defendant out of the court, and with the victim's intent of attack, the victim's face was cut back with the victim's face.

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