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(영문) 서울동부지방법원 2019.09.26 2019고단796
특수폭행
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. At around 01:10 on May 6, 2018, Defendant A, at the d8 studio located in Songpa-gu Seoul Metropolitan Government, Defendant A, stating, “I would like to go to a telephone without concentrating why I would go to a telephone,” and, at around 01:10, Defendant A sent the head of the above victim on one occasion on the budio, which is a dangerous object on the table, and used assault against the victim.

2. The Defendant B, like the date, time, place, and the above “1” as stated in the above “1, had the victim A (n, 33 years of age) taken the head of the said F by putting the head of the said F by her hand, and her hand, left the table several times in the table, and continued to take the face of the said victim into drinking, followed up the right side and the mouths requiring approximately six weeks of treatment.

Summary of Evidence

【Fact-Finding 1】

1. Legal statement of the defendant (the purport that the defendant was in the direction of a victim due to the illness of the defendant);

1. Each police statement to F and E;

1. A written diagnosis of injury;

1. The Fama photo (paragraph (2) of the prosecution);

1. Each legal statement of witness A and G;

1. Investigation report (Submission of a written diagnosis of injury A to a victim);

1. Investigative report (Submission of a record of suspect A);

1. An injury diagnosis certificate;

1. A copy of medical records;

1. Determination as to the Defendants’ assertion on damage photographs A

1. Defendant A asserts that he was in the direction of the victim by entering the ward’s disease, and that he did not directly get out of the victim.

However, according to the evidence duly adopted and examined by this court, the defendant can sufficiently recognize the fact that he / she gets off the victim's head (defensive) part of the victim's disease.

The defendant's above assertion is not accepted.

2. Defendant B

A. The Defendant asserted that he only saw the victim’s head by putting the victim’s head and putting the victim’s head into the table.

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