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(영문) 수원지방법원 안양지원 2017.11.29 2016고단2033

특수폭행

Text

Defendant

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

Defendant

A shall give public notice of the summary of the verdict of innocence.

Reasons

Punishment of the crime

[Defendant B] On July 17, 2016, around 21:50, Defendant B suffered injury, such as an open wound, which requires approximately two weeks of treatment to the victim, while she talked with the victim A (51 tax) at H “H” house, which was located in Manan-gu, Manan-gu, Manan-gu.

Summary of Evidence

1. Defendant B’s legal statement

1. Protocols concerning the examination of suspects to A;

1. Investigation report (to hear recording files submitted by suspect A);

1. A certificate of diagnosis of injury, medical certificate, or medical record;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act (the following sentencing is favorable to one another) recognizes the Defendant B’s fault. However, in order to reduce one’s responsibility, the offender still has the responsibility to the victim on the ground of a false motive for committing the crime. As such, the nature of the crime is very poor.

In addition to the above unfavorable circumstances, a punishment shall be determined as ordered in consideration of the following factors: (a) one time of a fine; (b) there is no previous conviction other than the previous conviction for the same kind; (c) one million won for the victim; and (d) the various sentencing conditions, such as Defendant B’s age, sex, occupation, family relationship, financial status, etc.

The part not guilty [Defendant A] The summary of the factory room Defendant A, who talks with the victim I (the victim I, 45 years of age) at the time and place as stated in its reasoning, refers to the victim's speech to avoid tobacco.

At the same time, a defect in breaking tobacco was raised, the tobacco and strings of dangerous objects were collected towards the face of the victim, and the victim was assaulted.

Judgment

Defendant

A consistently asserts that, from the investigative agency to this court, there is no satisfying tobacco or horse with the aim of I.

However, it is recognized by the evidence duly examined by this court.