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(영문) 서울북부지방법원 2019.01.11 2018고정1140
상해
Text

Defendant

A A shall be punished by a fine not exceeding two million won, and Defendant B shall be punished by a fine not exceeding one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 02:00 on February 1, 2018, Defendant A parked his taxi in the Seoul Special Metropolitan City, Nowon-gu C Apartment Ddong parking lot, and Defendant D told the victim that “A was unable to perform his/her duties by putting himself/herself in double parking before a party is on board and leaving booms. From the next day, he/she did not have a double parking before a party is on board,” and the victim called “I do not have a double parking before a party is on board. I do not have a contact with a taxi if there was that day, I did not make a call on the cab.” As the victim and the victim did a dispute with the victim, I am spherd the victim’s bat and spherd the victim’s bat, and laid down the victim’s left hand and added the victim’s 2nd part on the left side of the victim’s water that requires approximately 4 weeks treatment.

2. Defendant B disputed with the victim A (the age of 49) at the time and place specified in paragraph (1), and assaulted the victim’s breast part by breaking booming breath of the victim’s head.

Summary of Evidence

[Defendant A]

1. Legal statement of the witness B;

1. The police statement concerning B;

1. A photograph of the injured part and a medical certificate;

1. Report on internal investigation (EA and interview with doctors) (In light of the background, method and process of the instant crime recognized by the aforementioned evidence, etc., the Defendant’s act cannot be deemed as self-defense in light of the circumstances after the crime was committed) / [Defendant B]

1. A’s legal statement;

1. Application of Acts and subordinate statutes on statement made to A;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 257(1) of the Criminal Act; Defendant B of a fine: Article 260(1) of the Criminal Act; Selection of a fine;

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: Article 334(1) of the Criminal Procedure Act

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