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(영문) 춘천지방법원 강릉지원 2018.10.19 2018고단380
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an instructor of a “C” driving school located in Gangnam-si, and the victim D (n, 38 years of age) is a student of the said driving school.

On January 17, 2018, the Defendant, at the main point located on the second floor of the building E in Gangseo-si, Chungcheongnam-si, 2018, performed drinking with the students of the above private teaching institute, and went off to the first floor of the building after drinking with the victim, etc.

At this time, the defendant, without any particular reason, faced with snow in the elevator mother with the victim's timber that he flicked, once with the floor of the hand, and then the victim was pushed by hand, and the victim was faced with snow in the elevator mother.

As a result, the defendant injured the victim about two weeks of treatment, such as snow grass and open wound around snow.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each legal statement of F, G, and H in part;

1. Medical certificate [Judgment as to the Defendant and his/her defense counsel]

1. The gist of the assertion is that the defendant does not leave the victim.

The defendant, who caused the defendant under the influence of alcohol, spreads the losses of the victim and F, and also breath of a considerable amount of drinking alcohol without having a proper center on the part of the elevator mother part. The defendant did not have the intention of assault or injury to the defendant.

2. Determination

A. According to the evidence, ① the Defendant, who is an instructor of fishing Big Institute on the day of the instant case, had a meeting in order to attract the Defendant’s living day, and ② the Defendant was unable to properly hold the Defendant’s body under the influence of alcohol, the victim et al. was deprived of the Defendant’s body, and the victim et al. was laid down on the first floor of the elevator by burning the Defendant, ③ in the vicinity of the first floor elevator, and in the vicinity of the first floor, one of the students was under the influence of alcohol so that the Defendant was unable to properly hold the Defendant’s body under the influence of alcohol, and the Defendant was hick, and the Defendant was intending to take a bath by interested parties, and tried to go against its members, and ④.

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