(영문) 서울서부지방법원 2018.04.25 2017고단3860

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.04.25 2017고단3860

상해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 30, 2017, the Defendant, at around 23:20, 122, Dasan-ro, Junggu, Seoul, and 122, expressed a bath to the victim C (43 tax) who was seated in the seat of the elderly and the elderly in the subway 3 line, and took three times the victim's face as drinking. The Defendant, when the Defendant reported the Defendant to the police to the police, took the victim's face at around 723-1 non-wide area due to the unification of Eunpyeong-gu Seoul, Seoul, and 31 days after taking about three times the victim's face, he saw the victim as drinking, and inflicted an injury, such as an an abane back, requiring medical treatment for about 31 days.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. The medical certificate of injury and the statement of the 112 reported case processing [the victim sustained injury, such as a escape and sprinke, by consistently assaulting his left face of subway to the elderly and the elderly in subway seat since the 112 declaration to this court;

In light of the following facts: (a) the details of the victim's report 112 times until the victim's police called out, and the symptoms of the victim's severe 1 Daegu 1 Daegu 1 on the left-hand side of the victim and the symptoms of the above franchising out of the victim's external force are consistent with the above statements; (b) the victim requires dental treatment prior to the victim's assault prior to the above franchising; (c) although the above franchisium occurred due to the above franchising, it seems that the above franchisium and the right franchis of the defendant's right franchis are damaged; and (d) it is sufficiently recognized that the defendant used the victim to inflict the injury in this case by assaulting the victim.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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