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(영문) 서울중앙지방법원 2020.01.30 2019고정1596

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 24, 2019, from around 23:00 on February 24, 2019 to around 00:20 on the following day, the Defendant: (a) caused the victim D (at the age of 26) who had a relationship with the Defendant at the time at the residence of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, B and C, to have the victim leep the head of the victim's head, and had the victim leep the head of the other female problem; (b) caused injury to the victim, such as dump and tension, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of details of emergency medical services log and emergency records submitted by a victim);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the defendant's back part of the victim's back is divided into her part to defend the victim's assault, and there is no fact of assaulting the victim as stated in the facts of crime as stated in the judgment, and there is no fact of harming the victim.

2. 판단 살피건대 이 법원이 적법하게 채택하여 조사한 증거들에 의하면 ① 2019. 2. 25. 00:23:58경 피고인이 119에 신고를 하였고, 같은 날 00:28 구급차가 현장에 도착하여 피해자를 병원 응급실로 이송한 사실, ② 이 때 작성된 ‘구급활동일지’에는 ‘증상: 기타(과호흡)’, ‘체온: 38℃’, '구급대원 평가 소견: 남자친구 말로는 환자가 침대에 앉아 있던 중 뒤로 넘어가며 경련처럼 보여 바닥에 눕혀 놨다고

b. There was a dispute prior to the existence of symptoms

b. At the time of arrival at the site, the patient is hard to breath, and the patient is left from the left and left. During transport, the patient is called “hurging, respiratory inconvenience,” and “heat.”