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(영문) 의정부지방법원 2017.05.19 2016고단2151
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violence (2016 Highest 2151) around 00:50 on May 14, 2016, the Defendant committed assault, i.e., assaulting the victim F (F., 17 years old) said E “112 reported” on the road in front of the D convenience store located in Ma-si, Ma-si, Ma-si, the Defendant, on the ground of disregarding himself/herself, committed assault, i.e., assaulting the victim’s chest part one time with the victim’s right-hand hand, booming him/her one time with the victim’s hand.

2. The Defendant, on September 10, 2016, while drinking alcohol together with the victim I (50 years of age) in the front of the Ho-gu Office G on September 10, 2016, the Defendant inflicted an injury on the victim’s face when drinking alcohol, resulting in an injury on the part of the left eye, 20 meters of the right eye, 0.5cm of the right eye, and the number of days of treatment with a 0.5cm amounting to tear.

Summary of Evidence

[2016 Highest 2151]

1. Statement by the defendant in court;

1. A statement of F and J;

1. A report on investigation;

1. Photographs (2017 Highest 973);

1. The witness I and K's respective legal statements;

1. 112 A list of reported cases;

1. On-site photographs, etc. [In the case of 2017 Highest 973, the Defendant and his defense counsel asserted that the Defendant did not inflict any injury on the victim, but the victim consistently makes a statement from the investigative agency to the effect that he suffered any injury by assault as stated in the facts constituting a crime in the judgment of the Defendant, such as the facts constituting a crime, from the investigation agency to the court. As such, there is no special circumstance where the witness’s statement is specific and reliable, and the witness’s statement in this court also conforms to

Therefore, in full view of all the evidence presented in the judgment, including the above statements of the victim, the defendant and the defense counsel cannot accept the above assertion since it can be recognized that the defendant inflicted an injury on the victim as stated in the facts of crime.

Application of Statutes

1. Article 257(1) of the Criminal Act (the point of violence) and Article 260 of the Criminal Act concerning criminal facts.

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