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(영문) 부산지방법원 서부지원 2019.06.20 2017고단1654
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On November 5, 2017, at around 00:01, the Defendant heard the victim’s words “other male talks” from the victim during drinking alcohol and drinking alcohol within the week located in Busan Northern-gu B, Busan, the Defendant left three times the victim’s head back.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant (which is made on the first trial date);

1. Legal statement of witness E;

1. The recording of statements by witnesses F in the second protocol of the trial;

1. Examination protocol of police suspect regarding D;

1. Determination as to the defendant and his/her defense counsel's assertion of investigation report (Attachment of a photograph of the victim suffering from violence)

1. Although the Defendant alleged otherwise with the victim, the Defendant did not err by assaulting the victim’s head as a main soldier.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the fact that the defendant committed an assault against the victim due to a person who was in danger of the defendant, can be acknowledged.

Therefore, the defendant and defense counsel are without merit.

① At this Court, E, the main point of which the instant case occurred, stated that the Defendant did not directly witness the victim’s disease when the Defendant was the main point of the instant case. However, as the sound of the main disease was broken, the small-scale disease was broken on the floor, and the victim was witnessed.

② The victim stated in an investigative agency that he/she was the head of the victim’s disease from the Defendant, and the victim was the father of the victim to the Defendant and was also in an investigative agency to photograph the head of the victim’s disease.

③ After the occurrence of the instant case, the Defendant and the victim stated that there was a fact that the Defendant took the victim into custody of a sentry.

4. The victim may make a statement to an investigative agency in this court.

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