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(영문) 서울서부지방법원 2016.07.20 2016고단87
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 25, 2015, the Defendant: (a) around 09:45, around 09:45, at the 10th place of Mapo-gu, “E”, the victim F (n, 21 years of age) and drinking alcohol, which are dangerous articles on the table table for the reasons of the sudden insane while drinking for the victim F (n, 21 years of age) and drinking for alcohol, and (b) taken the victim’s face by drinking for the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A statement prepared by the F;

1. The police statement of F with regard to the statement from the investigative agency to this court (the victim consistently stated from the investigative agency that "the defendant brought about the left head with Byung" (the 9th page, the 16th page, the witness F's legal statement); ① the victim did not want punishment of the defendant from the investigative agency without receiving any compensation from the defendant (the 18th page of the investigation record); ② the victim's part of the act does not appear to have distorted or made a false statement; ② the victim's reputation amount does not seem to have been under the influence of alcohol at the time. In light of the victim's reputation, the victim is not deemed to have been under the influence of alcohol at the time (the 15th page of the investigation record); ③ the victim's statement at this court after a considerable time from the date and time stated in the criminal facts was stated in this court; and ③ the victim's statement at the time when the victim made a false statement about the structure, etc. of the place stated in the criminal facts or was under the victim's attitude at the time of assault, etc.

and against this, the application of the law to the witness G's statement against this is not trustable

1. Relevant Articles of the Criminal Act and Articles 261 and 260 of the Criminal Act concerning criminal facts.

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