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(영문) 대전지방법원 논산지원 2018.07.13 2017고단665
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 00:50 on August 24, 2017, the Defendant: (a) seeed the horses that he drinked from the Victim F (59) of the Victim F, a customer, on the side table, he saw that he would be able to be bleep; (b) b) b) d) d) d) d) fing the Victim’s head, b) d) d) fing the Victim’s head, and d) d) d (e) d) d) d) fing the Victim’s face, and d) d) e.

Summary of Evidence

1. Some statements made by the defendant in the first trial record (limited to those made by balp);

1. Legal statement of witness G;

1. F’s statement (F was dead after the statement, and the statement was made under particularly reliable circumstances in light of the background, motive, timing, etc. of the statement;

Since it is recognized, the admissibility of evidence and its credibility are recognized in accordance with Article 314 of the Criminal Procedure Act.

1. H’s written statement (as well as at the scene of the crime, H drafted a written statement stating that “The Defendant assaulted the victim with beer disease, and made the victim potableed to himself/herself.”

The credibility of the above statements is recognized because there is no reason to open false statements unlike the above statements, and it is consistent with the victim's statement.

H stated in the court that the above statement was reversed, “The Defendant, who gets her beer and her beer with the victim, seems to have been her direct contact,” and “the Defendant was her beer and her beer with the victim, and there is no fact that the Defendant was her flick, and that he was her flick with the victim.”

However, the above legal statement is not consistent and there is no explanation to understand the background leading to the reversal of the statement, and considering the circumstances of the defendant in contact with the defendant during the trial after the crime, there is no credibility of the above legal statement.

1. Reporting on the arrest of a case;

1. A report on internal investigation (attaching photographs);

1. An empty beer's disease used by the victim when the victim assaults the victim F (I witness I does not have any whistle-ination of the victim by the defendant due to beer's disease, and there is no sicker for the beer's disease;

In the process of physical fighting, the table table was exceeded.

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