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(영문) 서울동부지방법원 2018.11.08 2018고단1895
상해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant was known to the victim D (29 years of age) as a middle school building in the middle school.

around 01:30 on October 5, 2017, the Defendant: (a) while drinking a fluor and drinking alcohol at the center of “F” located in Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) when the injured was talking with the injured party of drinking alcohol and talking with the injured party on the side and side of drinking alcohol; (c) when the injured party went out of the injured party and talks with the injured party at the front parking lot of the said main shop; (d) when drinking, the injured party’s face was fluent with the injured party; and (e) when fighting with the injured party, the injured party was fluent with the body of the injured party, and caused the injured party, such as the upper part of the right skeline, which requires a treatment for about 8 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Each police statement made to H and I;

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

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

1. In full view of the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the following circumstances and other conditions of the sentencing indicated in the records, the sentence shall be determined as ordered.

It seems that the degree of injury suffered by the victim is not less severe than that of the defendant's crime, and that the defendant's primary crime and reflects against the defendant.

1. The summary of the facts charged is the relationship between the victim D (29) and the middle school building, which was known to the Defendant.

The Defendant, at around 01:30 on October 5, 2017, 201, had a friend and drinking alcohol at the center of “F” located in Gangdong-gu Seoul Metropolitan Government E, and had a talk with the victim when she had talked with the victim of drinking alcohol on the above main point and then had a talked with the victim at the front parking lot of the above main point. As a result, the Defendant had a face of the victim out of the victim along with the victim, and had a friended body with the victim and went beyond the floor like the victim.

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