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(영문) 전주지방법원 2018.08.13 2017고단1712 (1)
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendants are friendly relatives.

1. Defendant B, at around 19:40 on July 10, 2017, at the “F” restaurant located in Yansan-gu, Yansan-si E, Seoul on July 10, 2017, Defendant B, along with the victim A (59 years of age), had “any son,” from the victim while drinking alcohol.

"The victim's face part was taken several times by drinking for the reason that he was called, and the victim's part was 2-3 times to 2-3 times to the victim's lower part of the victim's face was the victim's injury that requires about four weeks of medical treatment.

2. Defendant A caused damage to the victim’s face and head by drinking drinking to the victim B (59) and fluences on the same ground as that set forth in paragraph (1) at the same time and place as that set forth in paragraph (1). Defendant A strokeed the victim’s face and head at several times, and damaged the victim’s stroke, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. The legal statement of the witness A (limited to the defendant B);

1. Legal statement of witness G;

1. Medical certificate (B) and investigation report (Submission of A Injury Medical Certificate);

1. Application of Acts and subordinate statutes to a report on internal investigation;

1. Relevant Article 257 of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. Judgment on the assertion by the Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act of the provisional payment order

1. The summary of the argument is that the defendant A (hereinafter "victim") only took the floor of hand to defend the defendant on several occasions by drinking the defendant, and there was no fact that the victim's face was cleeped by drinking, or that the victim was inflicted an injury by drinking.

2. The following circumstances acknowledged by the evidence in the holding, i.e., the victim’s assault from the Defendant at the time of the instant case:

112 Report was made, and the police officer called out confirmed the trace of mutual assault, such as the victim's presence around the victim's entrance, and 2.

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