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(영문) 울산지방법원 2019.03.22 2017고정1309

특수폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 10:30 on January 23, 2017, the Defendant, at the site of civil engineering works in Ulsan-gun B, Ulsan-gun, and at the site of civil engineering works in Ulsan-gun, covered a cement cover with drainage, discussed with workers, on the ground that the victim D (50 years of age) who is a work partner, demanded demonstration to another work operator, “work one, her body, her body,” and 2 meters high-meter pipe, which is a dangerous object, was committed by the Defendant at one time at the victim’s chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the third protocol of the trial;

1. Statements made by witnesses E and F in each of the fourth trial records;

1. In light of the following circumstances, the defendant's special assault charges against E and F are sufficiently convicted in light of the police interrogation protocol duly adopted and examined by the court.

(1) A victim’s statement from an investigative agency to this court is relatively consistent and concrete with the victim’s statement regarding the content and details of damage.

② Around 2 months after the date of the occurrence of the instant case, E and F stated to the effect that “The Defendant was humping, humping the shot pipe in good hands, humping the victim’s chest, humping the victim’s chest, and the victim was at the time of the victim’s chest, and the victim was at a dangerous situation that could have been faced with the Jindo pipe pipe.”

Each statement is consistent with the victim's statements and considerable parts of the above damage, and it is difficult to find any special motive or reason that the witness made a false statement.

③ Although E/F appeared as a witness in this court and stated to the effect that he/she does not accurately associate with the specific contents or attitudes of the Defendant’s act of assault, the above legal statement is made.