logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.03.04 2017고정3650
폭행등
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

The defendant is living in the same side before the victim B(59 years of age, South) and is not aware of the victim C(57 years of age, South) and the victim D(62 years of age, women).

1. Around 21:00 on April 7, 2017, the Defendant used assaulting that the victims drink in front of Jongno-gu Seoul, Jongno-gu, Seoul, while going beyond the victim B and 3 to 4 vehicles going on the body without any particular reason.

2. The Defendant damaged the property by cutting down the Handphone on the ground floor by cutting down the Handphone on the ground and taking the balon by taking the victim’s Handphone, such as the above criminal facts A, on the ground that C takes the victim’s Handphone.

3. After the crime of paragraph (2) was committed, the injured Defendant committed assault, such as plucking, plucking, and plucking, etc., in the victim C’s hand on a bicycle bed, which is being installed, after going beyond the victim C.

As a result, the victim C suffered bodily injury such as hump to the right-hand right-hand hump.

Summary of Evidence

1. Protocol of examination of the witness D or C;

1. Examination protocol of the accused by prosecution;

1. A victim C damaged photograph;

1. Each written diagnosis;

1. A report on the analysis of digital evidence;

1. In order to recognize the admissibility of evidence under Article 314 of the Criminal Procedure Act even though the statement made by a person other than the defendant of the video CD was not proven by the statement made in the courtroom, the person who made the statement falls under the case where he/she is unable to make a statement by attending the official ruling due to death, disease, foreign residence, unknown whereabouts, or any other similar cause, and the preparation of the document is made in a particularly reliable state.

The record reveals that B died on July 29, 2017.

Next, there seems to be a clear procedural error in the process of preparing the statement or protocol in order to recognize admissibility of evidence in accordance with Article 314 of the Criminal Procedure Act.

arrow