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(영문) 춘천지방법원강릉지원 2020.08.20 2020고단535
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant, around 23:40 on January 6, 2020, on the ground that the victim D (Woo, 39 years of age) made a false statement in C, the Defendant flicked the shoulder of the victim one time by left hand, flicked the victim's head, flicking the victim's head, and flicked flick, which is a dangerous object.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The Defendant asserts that, with respect to the part of the facts charged, an investigation report (to attach CCTV images) on CCTV images, CCTV CDs, and major CCTV photographs (to examine CCTV images where a suspect was dissipated) [the Defendant] [the part of the facts charged that “the Defendant was imprisoning the victim by gathering a sponed scrap plate,” but did not have any intention to remove the victim, and did not use the force against the victim, so the Defendant did not commit an assault by carrying a dangerous object. According to the crime of assault, the assault means the exercise of physical tangible force against the body of the victim does not necessarily require any physical contact with the victim, and as such, the Defendant did not lawfully contact with the victim, and even if he did not directly contact the victim with the victim, it constitutes an unlawful use of the victim’s body as well as an unlawful use of force, etc. (see, e.g., Supreme Court Decision 2008Do97479, Apr. 7, 2008).

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