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(영문) 서울북부지방법원 2020.02.14 2019고단597

상해등

Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, for two years from the date this judgment became final and conclusive, as against Defendant A.

Reasons

Punishment of the crime

[2019 Highest 597]

1. Defendant A

A. On July 18, 2018, the Defendant, at the E’s house located in Dobong-gu Seoul Building D, 16:30 on July 18, 2018, was assaulted on the victim’s face on the ground that the victim called the Defendant’s seat by telephone to the Defendant’s seat, while drinking together with the said E and the victim’s B (the age of 45).

B. On August 16, 2018, around 02:30 on August 16, 2018, the injured Defendant drinking alcohol at the victim B’s house located in the Dobong-gu Seoul Metropolitan Government FF Loans G, and attempted to go back to the victim’s house, but the victim was at the victim’s face and head due to the defect that the Defendant was shouldered and returned to the house, and suffered an injury to the victim’s face and head due to the occurrence of the dead body.

2. Defendant B’s Defendant A

At the time and place mentioned in the above paragraph, the victim A(the age of 43) set up a defense against the assault and assaulted the victim's head in a reflective manner.

[2019 Highest 5020]

3. On September 7, 2019, around 08:10 on September 7, 2019, Defendant A stolen a driver’s license, a national card, and a lot card with 400,000 won in cash from the victim J’s front horse in front of the “I” restaurant located in Dobong-gu Seoul Metropolitan Government H.

Summary of Evidence

[2019 Highest 597]

1. Defendants’ respective legal statements

1. Partial statement of the witness A (as to the defendant B)

1. Partial statement of the witness B (as to the defendant A)

1. Partial statement of witness E;

1. Some of the statements made by the prosecution against the defendant A concerning the suspect interrogation protocol;

1. Investigative report (abson fire fighting, attachment to the 119 emergency medical service log) and attached emergency medical service log;

1. A medical certificate [2019 Highest 5020];

1. Defendant A’s legal statement

1. Statement of the police statement to J;

1. A report on investigation (Search of CCTV data around a place where such data is generated) and photographs of CCTV taken attached thereto;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 260 of the Criminal Act.

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