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(영문) 서울북부지방법원 2020.05.06 2019고정1771
상해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 19, 2019, at around 18:20, the Defendant: (a) prevented the victim E (the age of 46) from taking scam scam, etc. in Seoul Special Metropolitan City, Nowon-gu, on the ground that he was the victim E (the age of 46); and (b) caused the victim to have the damaged the left part of the victim by scam above the victim's hand, thereby causing about four weeks of the shoulder that requires approximately four weeks of medical treatment; and (b) caused the victim to damage to the scam adjacent to the shoulder and the power lines.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The statements made by witnesses E and D in the second trial records;

1. Each protocol of suspect examination of the police against the defendant (including the whole part);

1. Statement made to D by the police;

1. Medical certificate [The above evidence shows that the defendant has maintained a life without any hospital treatment from July 2019 to the time of the crime of this case. The proximate causal relation is not the only cause or direct cause for the defendant's act to cause the victim's injury. On the other hand, the defendant's act does not have to cause or directly cause the victim's injury (see, e.g., Supreme Court Decisions 82Do697, Jan. 18, 1983; 89Do556, Oct. 13, 1989). The victim appears to have maintained a normal life without any hospital treatment. Thus, even if the victim's left shoulder card contributed to the occurrence of injury such as the above crime, there is no proximate causal relation between the defendant's act and the injury of the victim since the victim's act of causing the injury beyond the upper left part of the victim's injury. However, there is no reasonable causal relation between the defendant's act and the injury of the victim.]

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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