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(영문) 서울북부지방법원 2013.12.05 2013고단577
폭행치상
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2012, the Defendant, around 01:00, at the 1st underground room of the Jeju-si, the first floor of the C, where the Defendant argued with D, a workplace partner, that the victim E (the age of 65) was able to blickly walked with the defect “fratt?” and the victim E (the age of 65) was flicked with “fratt???” The Defendant flicked the victim’s bridge at one time and flicked the victim’s chest, and flicked the victim’s chest on several occasions.

As above, the Defendant abused the victim, and caused the victim to suffer pressure from the second tensions requiring medical treatment for about 10 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement concerning F;

1. The Defendant asserts that the Defendant’s assertion, such as an injury diagnosis certificate and G hospital, and the judgment thereof, did not consistently assault the victim from an investigative agency to this court, and the victim was merely self-injury.

According to the records, the following circumstances are acknowledged, namely, that D reported to 112 and the police officer did not speak that the victim was assaulted by the defendant at the time of the dispatch by two police officers, that the victim did not say that the victim was assaulted by the defendant at the time of the dispatch by 119 report, that the victim was assaulted by the victim to the hospital through 119 report, and that the witness F made a somewhat unclear memory unlike the statement in the investigative agency, and that there was a possibility of a false statement with the victim rather than the defendant. On the other hand, the defendant was aware that the victim was sexually friendly with the victim, and that the victim was aware of the fact that the victim was satisfing with the victim (7 pages of the investigation record) and that the police did not think that the victim was satisfing (26 pages of the investigation record), and the defendant made a statement to the prosecutor that "self-injury by the victim" was hard to find the defendant's statement under special circumstances.

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