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Reasons
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(영문) 대전지방법원 서산지원 2020.04.29 2019고정342
특수폭행
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Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On May 22, 2019, at the D office located in Seosan City, on May 22, 2019, Defendant A opened the victim B (the age of 52) to the office by phone calls from the victim D office located in Seosan City, and used the victim’s shoulder, which is a dangerous object to the victim’s access to the office, to display a golf bond ( approximately 1m in the length of the entire golf loan), and used the victim’s shoulder as a shower part of the above golf loan, and assaulted the victim’s breath by hand.

In this respect, the defendant carried with golf loans, which are dangerous objects, and assaulted the victim.

2. At around 20:00 on May 22, 2019, Defendant B, at the D office located in Seosan City, the victim (58 years of age) committed assault against the Defendant, as described in paragraph (1), with golf loans as described in paragraph (1), the victim flicked the Defendant, flicked the victim’s neck with her hand, flicked the victim’s head, and flicked the victim’s head on several occasions on the wall, resulting in the victim’s injury, such as a flick, with no open one where two weeks of treatment is required.

Summary of Evidence

[Attachment 1]

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. Investigation report (to listen to shots' telephone statements);

1. On-site photographs and damaged photographs (the second fact);

1. Defendant B’s legal statement

1. Statement to A by the prosecution;

1. On-site photographs and damaged photographs;

1. Defendant A asserts that Defendant A did not assault the victim B with golf loans.

However, the victim B consistently stated from the investigative agency to the court that Defendant A abused himself with golf loans, and made a very detailed statement about the background of the assault, the method and part of the assault, the response of the victim, etc.

Defendant

A also acknowledges the fact of golf loans when the victim B entered, and the witness E at the time stated to the effect that he threatened the victim B with golf loans by Defendant A's hand.

Fully taking account of these circumstances, Defendant A.

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