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(영문) 서울북부지방법원 2016.11.30 2016고단3134
특수상해
Text

1. Defendant B shall be punished by imprisonment for four months;

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

Reasons

At around 05:30 on May 17, 2016, the Defendant, at the house of the victim A (the 65-year-old) located in Dongdaemun-gu Seoul Dongdaemun-gu, the Defendant: “Around May 17, 2016, the Defendant: (a) told the victim whether he/she is her father, who is her father, is her father’s her father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, and

Summary of Evidence

1. A’s legal statement;

1. A detailed statement on handling 112 reported cases;

1. A report on investigation (Attachment of a photograph of a victim), and a photograph of the injured part;

1. Investigation report (to hear G statements of witnesses);

1. Determination as to Defendant B’s assertion of investigation report (suspect A’s house photo and house structure confirmation)

1. The defendant alleged that he/she committed an assault against A, such as a statement of criminal facts.

2. The above facts charged are sufficiently recognized in full view of the following circumstances acknowledged by the evidence prior to the determination.

A. After committing the crime, a large number of people from A’s arms were faced.

B. In light of the fact that there are some symptoms of paralysis on the Defendant’s left side side bridge, but it appears that the behavior of A is not easy, and that A is much old and distorted than the Defendant, and the method of the crime of this case was not particularly excessive since the Defendant’s hand was shaking of the two arms of A, it is impossible for the Defendant to assault A as stated on the crime of this case solely on the ground that there was some symptoms of paralysis.

No one shall be deemed to be difficult or difficult.

C. The Defendant is able to have been punished by using violence against F on the ground that F was in contact with another male, and the Defendant also committed the instant crime by deeming F to have been in contact with A and found F to have been in contact with A while drinking. In light of the Defendant’s psychological status at the time, it is likely that F would have committed an excessive act.

3. Conclusion.

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