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(영문) 서울서부지방법원 2018.12.07 2018고단902

특수폭행

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On February 4, 2018, at around 03:30 on February 4, 2018, the Defendant received alcoholic beverages and entertainment loans, etc. from “D” operated by the Victim C (A, 60 years of age) located in Mapo-gu Seoul Metropolitan Government, and the victimized person assaulted the Defendant, “Acker’s disease, which is a dangerous object on his/her house, has finished his/her business, as he/she finished his/her business.”

2. The Defendant consistently denied the facts charged from the investigative agency to the instant court that, rather than having been suffering from the beer’s disease to the beer’s disease, the beer’s disease is far away from the floor.

Therefore, there is a statement in the victim's investigative agency about whether the defendant was a beer's disease towards the victim, and as evidence corresponding to this, there is a statement in the victim's investigative agency.

However, the following circumstances revealed by the evidence duly adopted and examined by this court, namely, ① the victim caused the Defendant to diversize sobly under the influence of alcohol, and the beer’s disease was broken away from the floor.

At an investigative agency, the defendant was suffering from beer disease.

The statement is an exaggerationd statement in order to receive the drinking value even by lending the power of the police.

“The testimony and reversal of the statement made by the investigative agency; ② The statement made by the victim’s investigative agency to the victim was that “the defendant threatened the beer’s disease with his face (18 pages of the investigation record); and that the beer’s disease was faced with the wall (89 pages of the investigation record).” Even according to the on-site photograph taken by the police officer sent to the police station, it would be more consistent with the statement made by the victim in this court; ③ the victim’s statement was agreed upon by the Defendant in return for reimbursement of the alcohol value after the instant case, and thus, the statement was made on the floor around the table, not on the wall or wall.