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(영문) 대구지방법원 2013.11.15 2013고단40
상해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 23:00 on October 7, 2012, the Defendant assaulted the victim’s left-hand hand at one time on the top of the right hand, on the ground that the victim E (the age of 47) known to that he was under the influence of alcohol and putting up a right-hand box while opening a breath in the way of drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel's assertion on the defendant's partial statement in the witness E's legal statement and his defense counsel asserted that the crime in this case is a legitimate act and thus does not constitute a crime. However, according to the witness E's legal statement, the defendant's act cannot be viewed as a justifiable act because it can be acknowledged the same facts as the facts constituting a crime. Thus, the above argument

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On October 7, 2012, the Defendant: (a) around 23:00, on the front side of the D restaurant located in Daegu-gu, Daegu-gu, the Defendant: (b) stated that “If drunk, he would be under the influence of alcohol, he would be placed on the right-hand part; (c) on the ground that the victim E (the age of 47) known in that he was under the influence of alcohol and fluoring on the right-hand part; and (d) said, on the right-hand hand part of the victim, he would be faced with the victim’s right-hand part by putting the victim over the floor and putting the victim into the ground.

As a result, the Defendant inflicted injury on the victim, such as a feld feld feld feld, which requires treatment for about six weeks.

2. The judgment of the victim is recognized as having suffered injury, such as the mouth of the Haak-gu combination, which requires six weeks of treatment on October 7, 2012, but the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the victim’s right to the right of drinking when the police statement is made.

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