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(영문) 부산지방법원 2021.01.28 2019나61809
구상금
Text

1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On January 2, 2018, from around 17:00 to 20:00, the Defendant resided in the adjoining area as a noise problem on the B lending rooftop in the Geum-gu, Busan Metropolitan City.

C (hereinafter referred to as "victims") and spits spits on the victim's face, which caused injury to the victim, such as drinking and spiting the victim who intends to cause damage to the defendant, and then caused injury to the victim, such as the right-hand and spiting the victim, which requires approximately eight weeks of treatment.

Then, the Defendant took a malon-on-line computer of 500,000 won in the market price (1 unit is equivalent to 400,000 won in the case of 1 unit, 100,000 won in the case of 1 unit), 1 unit of monitors equivalent to 150,000 won in the market price, and 2 unit of malon-line computer of 200,000 won in the market price, which is equivalent to 200,000 won in the case of galon-line, which is the victim’s residence, and assaults the victim with the victim’s residence:

B. The Defendant stated in the first instance trial the point of view on the part of the injury in the indictment concerning the above crime as “as of January 2, 2018.” However, in the appellate trial, the Defendant changed the point from January 2, 2018 to “from January 17:00 to 20:00.”

On September 20, 2019, a public prosecutor was indicted for not guilty in Busan District Court (2018 Gohap 282) but appealed against it, and on October 7, 2020, Busan High Court (2019No488) sentenced the defendant to two years of imprisonment.

Therefore, although the defendant was dissatisfied with, the Supreme Court dismissed the defendant's appeal on January 14, 2021, and the above appellate judgment became final and conclusive as it is.

(c)

When the victim was to bear medical expenses of KRW 2,398,870 for treatment, the victim filed an application for the payment of the above medical expenses with the victim’s economic support system under the Act on the Protection of Criminal Victims, on July 2, 2018, and the Plaintiff paid the full amount of the above medical expenses to the victim on October 30, 2018, following the deliberation committee.

(d)

The victim is the victim.

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