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(영문) 창원지방법원 진주지원 2018.04.17 2017고단1132

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On February 19, 2014, the Defendant was sentenced to eight months of imprisonment due to an injury, etc. at the Busan District Court, and completed the execution of the sentence at the Busan District Court on September 5, 2014. On April 22, 2016, the Defendant was sentenced to one year of imprisonment due to an injury, etc. at the Busan District Court, and completed the execution of the sentence at the Busan Detention House on August 15, 2016. On September 28, 2017, the Defendant was sentenced to one year and six months of imprisonment due to an injury, etc. at the Busan District Court, and the judgment became final and conclusive on November 24, 2017.

[Criminal facts] Around 04:00 on May 31, 2017, the Defendant, under the influence of alcohol on the roads in front of Seo-gu Busan, Seo-gu, Busan, where he drinked in D’s nearby main points

During the dispute with E, the victims G (F) who were the main owner of the neighboring main point of “F” (F) assaulted the victims by drinking the victim G on one occasion, and by drinking the victim G on one occasion, which is the location of the victim H (28 years old), who was the main owner of the victim G in the victim’s own side of the E, the victim H (28 years old).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses G, E and H;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to G and H;

1. A criminal investigation report (such as attaching violence dynamics and videos), a photograph of the CCTV on the wall of a assault, and a CD;

1. Investigation report (Report on the confirmation of CCTV images at the scene of crime);

1. Previous convictions: A statement of inquiry such as criminal history, investigation report (report attached to the same criminal records, attachment of the previous criminal records and the judgment for repeated crimes, etc., confirmation of the date of completion of the term of punishment, and attachment of the previous criminal records after Article 37 of the Criminal Act), and the defendant's assertion is asserted that the victims first have taken care of the defendant in advance, and there was no fact that they were drinking the victim's intent to defend, and therefore, according to the evidence of the judgment, the defendant can be recognized as assaulting the victims as stated in the criminal facts, and there is no evidence to acknowledge that the defendant first committed defensive acts by assaulting the victims. Thus, the defendant's assertion is without merit.

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