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(영문) 서울북부지방법원 2018.07.18 2017고단4986
특수폭행
Text

Defendant

A shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Defendant

A는 2017. 9. 23. 12:00 경 서울 성북구 E에 있는 아파트 공사현장에서 레미콘 물청소를 하던 중 물이 튄다고 하여 피해 자인 피고인 B(42 세) 와 시비하던 중 안전모로 피해자의 다리를 여러 차례 때리고, 그곳에 있던 위험한 물건인 철근( 길이 약 1m, 두께 약 2cm ) 을 들고 휘둘러 피해자의 정강이 부위를 때려 폭행하였다.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the suspect B of the police;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. The suspended sentence under Article 62(1) of the Criminal Act provides that the defendant A shall be sentenced to punishment as ordered, taking into account the following factors: (a) the fact that the defendant A suffers any unexpected injury in the course of dispute with B, his age, sexual conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.

The acquittal portion

1. Defendant B, as at the time and place of the facts constituting the crime, had been injured by Defendant A (47 tax) and Defendant A, who had been in scam and scambed with Defendant A by scam and scambling Defendant A’s body and scambling it over the floor, and Defendant A suffered injury, such as two columns for which approximately six weeks of medical treatment is required, and cambage scams

2. According to the records, while Defendant A was in time with Defendant B, Defendant B was placed in several times with a safety mother, Defendant B was placed in the rear wheeler part of the two ready-mixed vehicle and avoided Defendant A’s assault, and Defendant A continued to be placed in the safe mother while Defendant A was placed in the front part of the ready-mixed vehicle. Defendant B was placed in the front part of Defendant A’s breast part of Defendant A’s chest in the process of avoiding Defendant A’s assault. Defendant B was placed in the front part of Defendant A’s chest in the process of avoiding Defendant A’s assault, and Defendant B was placed in the front part of the ready-mixed vehicle.

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