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(영문) 서울동부지방법원 2020.02.19 2019고단2797
폭행
Text

Defendant

A A shall be punished by a fine of KRW 300,000,000 and by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 19:51 on May 18, 2019, Defendant A and the Defendant committed a dispute with the victim B, who was not likely to be in a common commercial electricity rate problem in front of the Songpa-gu Seoul apartment commercial building, and the victim took a bath, and assaulted the victim, who was boomed with the victim’s chest due to the victim’s breath, and boomed with the victim’s breath with the breast with the breast of the victim’s chest, and boomed the victim with the breast with the breast of the victim.

According to CCTV video data, the evidence submitted by the prosecutor alone is insufficient to recognize ‘the fact that the defendant A is not able to recognize the loss from among the damage of the victim who will display a cell phone,' so this part is deleted ex officio.

2. 피고인 B 피고인은 같은 일시, 장소에서 위와 같은 피해자 A의 폭행에 대항하여 손바닥으로 피해자의 얼굴을 1회 때리고 발로 얼굴을 1회 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as the impairment of the head of a part requiring medical treatment for about two weeks, and the strike and loss of dental appliances requiring medical treatment for about twenty-seven weeks.

Summary of Evidence

1. The witness A's legal statement (the criminal facts against the defendant B);

1. The witness B's legal statement (the criminal facts against the defendant A);

1. Examination protocol of the police suspect A (the criminal facts against the defendant B);

1. The suspect interrogation protocol of the police as to B (the criminal facts against the defendant A);

1. A medical certificate, etc., and a medical certificate;

1. CCTV image data;

1. Application of each statute on photographs of damage;

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

(a) Defendant A: Article 260(1) of the Criminal Act (Selection of Fine);

B. Defendant B: Article 257(1) of the Criminal Act (Selection of Fine)

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The purport that Defendant A’s judgment on the assertion of Defendant A and the defense counsel reached the above behavior at the defense level.

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