(영문) 부산지방법원 2021.01.11 2020고정794

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(영문) 부산지방법원 2021.01.11 2020고정794

특수폭행

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 7, 2020, the Defendant: (a) on March 7, 2020, at the “C” restaurant located in Busan East-gu B, Busan-dong; (b) on the ground that the Defendant was slicked from the victim D (SI) who fested to drink in the next table, while drinking and drinking while having a dispute over the said restaurant; (c) on the other hand, the Defendant tried to flick the head of the victim and the victim with the dangerous articles outside the said restaurant; (d) however, the Defendant flicked the left part of the arms to defend them.

Accordingly, the defendant, carrying a dangerous article, and assaulted the victim.

Summary of Evidence

1. Statements made by the defendant in this Court by witnesses D in part of the witness in this Court;

1. Entry of a statement of a part of the protocol concerning the examination of suspect of the defendant into the investigation report (such as the background of recognition and attachment of evidentiary materials);

1. Application of Acts and subordinate statutes written in D;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion and judgment under Article 334 (1) of the Criminal Procedure Act against the provisional payment order did not look at the victim.

I argue that the facts charged in this case are denied.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this Court, and ① the victim was in the arms to prevent the Defendant from citing the stones in this Court.

In light of the victim's attitude that does not exaggeration the degree of damage and does not request the defendant to compensate for damage, the victim's statement has credibility.

It appears that the defendant could not get the victim because of the fact that many people in the police, and the defendant could not get the victim on the street.

However, this statement was made by E, a witness who requested by the defendant, brought about the defendant's hand before the victim in this court.

참조조문

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