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(영문) 서울서부지방법원 2018.08.28 2018고단1338

폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2018, around 23:05, the Defendant: (a) viewed “D” operated by the victim C (63) located in Eunpyeong-gu Seoul Metropolitan Government (63) as “D; (b) took a large amount of alcohol from the injured party; and (c) took a horse, she seeed that the Defendant she took a large amount of alcohol from the injured party.”

In the Hphone, the victim's face and chrons were blicked twice, and then the victim was flicked with the victim's face and chrons.

Summary of Evidence

1. The legal statement of the witness C;

1. E statements;

1. Criminal report and investigation report (related to the timber E currency);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding the observation of protection and the order to provide community service and attend lectures

1. The gist of the assertion is that the Defendant did not assault the victim as described in the facts charged.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim was assaulted by the investigative agency and the Defendant in this court as stated in the facts charged.

As the statement is being made, the victim made a statement to the effect that he/she is able to believe that the statement is specific and relatively consistent (as to the part in which the defendant was flag of the victim, the victim made a statement to the effect that he/she is not flaging exactly that he/she was flaging, even though he/she was flaged by the breabbbbing of his/her own (victim) while he/she was flaged by the blagbing judgment, he/she is not flaging exactly whether he/she was flaging, and that he/she is not flaging accurately whether he/she was fla

If so, the defendant made an accurate statement about the damage situations at the time of the instant case, but he appeared and made a statement in this court after about six months from the instant case.