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(영문) 서울북부지방법원 2019.01.11 2018고정406
폭행치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 18, 2017, the Defendant: (a) around 17:45, around the B Apartmentdong in Seoul Special Metropolitan City, Nowon-gu around September 17, 2017, in front of the victim D’s mother E and son, and tried to resolve the problem through dialogue while the victim was unable to make a usual appraisal due to the problem of the victim D’s mother E and son; (b) but the victim obstructed it in the middle and obstructed it, and tried to remove the victim from E, the Defendant was faced with the bridge and the blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue

Summary of Evidence

1. Legal statement of witness D;

1. CCTV video CDs;

1. A written diagnosis of injury, a certificate of hospitalization and release, etc.;

1. The Defendant asserts to the effect that the above evidence was recorded by the victim’s 112 report, and that it cannot be used as evidence because it violated the Protection of Communications Secrets Act.

According to Article 3(1) of the Protection of Communications Secrets Act, any person shall not censorship mail, wiretapping telecommunications, provide communication confirmation data, or record or listen to conversations between others that are not open to the public without following the provisions of this Act, the Criminal Procedure Act, or the Military Court Act. Thus, if a recording of an undisclosed conversation between others is made, it shall be deemed unlawful as a violation of the above Act.

However, the above recording file is an apartment lot that is open to the public with the mother of the defendant, the mother of the defendant, and the victim and recorded the contents of the statement of the defendant at the time.

If the recording process is similar to this, it shall not be deemed as recording of the contents of conversations between private persons not open to the public, and it is unlawful as it is in violation of the above law.

or may not be admissible as evidence;

Application of the Acts and subordinate statutes on seizure records and seizure records, and the amount of damage;

1. Article 262 of the Criminal Act as to the facts constituting the crime.

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