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(영문) 대구지방법원 2017.05.30 2016고단5889
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2016, the Defendant was at the city in Daegu-gu, Daegu-gu, Seoul-gu, around 05:30 on September 25, 2016, and the victim D (40 years) where the driver of the said road was at sight and the victim D (40 years) where the driver of the said road was in operation, and the injured party was at sight, and the injured party was able to have sexual intercourse in front of the said vehicle at hand, and the injured party interfered with the course of intending to see the front vehicle.

At the edge of the road, the victim's fingers and arms are towed by both descendants to the right to the right side of the road, and the victim again gets the victim to go beyond the victim's son and arms again due to the defect of resistance, and the victim committed assault, such as the victim's son and arms to go beyond the object of the defect.

2. A special assault Defendant continued to move a SM5 vehicle at the above date, time, and place, and the victim tried to move the vehicle in front of the said vehicle, and the victim took knee three times before the said SM5 vehicle, which is a dangerous object, and assaulted the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. The description of the defendant's partial statement or DNA statement concerning each defendant in the police interrogation protocol;

1. In the investigation report (Attachment ofCCTV video CD) - the video CD (the defendant and his defense counsel with respect to the assault, they go beyond what kind of authorization is given to the victim in the course of getting the victim's arms obstructing traffic out of the road, and the defendant did not go beyond the victim with his intent of assault, and thus, they constitute a justifiable act and thus, not guilty.

According to evidence, the defendant was in the process of putting the victim's arms or clothes into the victim's clothes, and in particular, according to the above CCTV images, the defendant is hard to see the victim who moved to the vicinity of the road.

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