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(영문) 부산지방법원 2017.08.24 2016고정3747
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On May 25, 2015, the Defendant: (a) around 20:00, at the restaurant of “F” operated by E, the wife of the victim D (68 tax) located in Busan Young-gu, Busan, (b) around 20:0; (c) at the “F” restaurant operated by E, the injured party, who gets off his head debt with E and was wn up his head debt, caused the injured party’s loss and loss, etc., which requires treatment for about 14 days for the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement in relation to E, D, and G;

1. On-site photographs and photographs of damage (two pages of investigation records);

1. According to each of the above evidence, it is sufficient to recognize that the defendant has inflicted an injury on the victim as stated in its reasoning. Considering the method and degree of the assault inflicted by the defendant, the circumstances and motive of the crime, the situation at the time of the crime, etc., such act does not constitute a legitimate defense.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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