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(영문) 대구지방법원 경주지원 2017.07.12 2017고단138
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim C are married couple who reported the marriage in 2008.

On January 18, 2017, the Defendant: (a) around 23:29, around 18:401, E apartment house 401, which is the residence of the Defendant and the victim, and (b) committed assault against the victim, who was living in a female relationship with the Defendant, was suffering from a glass physical disease, which is a dangerous thing that the Defendant was living in the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant and his defense counsel asserts to the effect that the occurrence report of the domestic violence case and the report of internal investigation (the attachment of photographs) (the defendant and his defense counsel did not assault the victim since the defendant was merely the defendant's own possession of the physical disease and did not lead the victim to the victim.

In contrast, the victim had consistently been suffering from the investigative agency to the court of law.

There has been a lot of waves where a string of a shouldered water disease has been sleeped.

In addition, the victim's statement may be sufficiently reliable when examining the direction of scattering water or water disease, etc. appearing by the photograph to the effect that the objective of threatening the author is "a certain letter", and the victim's statement may be sufficiently reliable.

The defendant was suffering from a physical disease under his own name, such as the defendant's action for family affairs.

However, it was difficult for the Defendant to have relatively known the location of the place where the Defendant was a water disease and the wave where the victim was seated, and that the string of the water disease was scattered from the living room and the sponsion towards the spons, and that the Defendant could have sufficiently anticipated that the string of the water disease would be scattered in the direction of the victim.

According to the fact that the defendant appears in the process of a marital fighting between the victim and his/her husband, he/she can sufficiently evaluate the defendant's act as an exercise of force against the victim as a use of force against the victim.

Therefore, the defendant and his defense counsel's assertion is without merit.

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