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(영문) 인천지방법원 2019.09.20 2019고정319
상해
Text

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

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

Reasons

Punishment of the crime

On November 4, 2018, at around 22:00, the Defendant used the victim E (the age of 28) working in the D club to guide his/her club while taking two-lane drinking places at the front side of Gyeyang-gu Incheon Gyeyang-gu, Incheon, the Defendant assaulted the victim by taking the victim's flab by hand and pushing him/her his/her body in his/her hand on the ground that the victim E (the age of 28) was a drinking-value problem in the course of leading him/her to his/her club.

Summary of Evidence

1. The defendant's protocol of interrogation of the police interrogation on the defendant's partial statement E, CCTV photograph photograph (No. 15) [the defendant and his defense counsel] claimed that the defendant only saw the victim's clothes on the chest part of his chest even once, and that the victim did not live in dubs or did not have any facts about the victim. According to the evidence duly adopted and investigated by this court, the victim specifically acknowledged the defendant's statements that correspond to the facts of the crime as stated in the judgment at the investigative agency (the victim consistently recognized the facts of the crime that the victim was 4 times on the face of his/her defendant, and then did not raise any special objection as to the fine of 70,000 won imposed on him/her.

According to the photographs of the victim who appears to have been taken on the day of this case, the victim's statement is sufficiently reliable and objective evidence, such as the above images and photographs, it is reasonable to view that the victim committed assault as stated in the facts of crime in the judgment of the defendant, in full view of the aforementioned images and photographs, etc.

Therefore, the defendant and his defense counsel cannot be accepted.

Meanwhile, at the time of the instant case, the Defendant was under the influence of alcohol, and the facts constituting the offense in the judgment of the Defendant are denied.

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