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(영문) 서울동부지방법원 2019.07.26 2018고단3202
상해
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Criminal facts

1. A around October 19:50 on October 10, 2017, Defendant A was passing ahead of the “E” operated by the Victim B (V, 48 years of age) of Seongdong-gu Seoul building C, Seongdong-gu, Seoul, the Defendant heard that the victim’s husband refers to the Defendant, and “unbornly grow down,” and assaulted the victim by breaking the victim’s head.

2. Defendant B, as set out in the above Paragraph (1), committed an assault against the victim A (the 54 years of age), as set forth in the above Paragraph (1), and assaulted the victim by putting the victim’s head debt in his hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness B and F;

1. Each police and prosecutor's protocol of interrogation of the Defendants (including F's statement)

1. The written statement of the police against F (the defendant A was shaking of the head of the defendant Eul, but this is a defensive defense in the course of responding to the defendant Eul's act of violence. However, according to the evidence of each judgment, the case is merely a case where the defendants took head and assaulted by both parties, and the defendant A's allegation of the above self-defense is rejected).

1. The Defendants: Article 260 (1) of the Criminal Act concerning criminal facts and the choice of punishment;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The two-way assault cases between the Defendants on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act, which have not been agreed until now, but did not focus on the degree of exercise of force to a degree that is shaking each other’s head debt.

In addition, the defendants' age, character and conduct, motive and circumstance of the crime, means and result of the crime, and various sentencing factors shown in the records and arguments of this case, including the circumstances after the crime.

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