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(영문) 서울서부지방법원 2019.05.02 2018고단4193

특수폭행

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 19:00 on October 26, 2018, the Defendant, at the Defendant’s house located in Mapo-gu Seoul building C, drinked on the ground that he or she is about to visit another male, and that he or she is about to leave the victim’s cell, and the part in this part of the indictment “when he or she has laid off the victim’s cell phone, after cutting off the victim’s cell phone, he or she laid off the victim’s cell phone, she is deemed to be a victim, not the Defendant, even according to the victim’s investigative agency’s statement, and thus, the said part of the indictment is corrected.

The victim intending to come out of the victim gets her head, and her hand gets her head, and her hand her head, which is a dangerous object of her head, her head, and her head, her hand her hand, and the victim her head, her head, and her head, her head, was her hand, and her head, her head, and her head, her head, her head, and the victim was her victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness D;

1. Statement of each police statement regarding D;

1. Written statements of D;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment;

1. Determination as to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse

1. The victim did not assault him/her by carrying the alleged broken-out disease;

Defendant's act constitutes simple assault.

2. The following circumstances acknowledged by the evidence adopted and examined by this court, namely, ① the victim’s investigative agency and the process of committing the crime according to the statements in this court are acknowledged as follows (the Defendant stated to the effect that he/she was unable to memory at the time of committing the crime under the influence of alcohol at an investigative agency). The Defendant’s head debt as stated in its reasoning, etc.