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(영문) 대구지방법원 포항지원 2019.11.27 2019고단634
특수폭행
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 29, 2019, Defendant A, while drinking alcohol at the “D cafeteria” restaurant located in Southern-gu, Nam-gu, Sinpo-si, on January 16:22, 2019, Defendant A: (a) deducted the tobacco used by the Defendant by the victim B (the age of 45); (b) took the Defendant’s possession of the victim; and (c) took the part of the victim’s head as an empty disease, which is a dangerous object.

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

2. Defendant B

A. The Defendant was assaulted by the victim A (the age of 56) at the time and place mentioned in the above paragraph (1) as stated in the date, time, and place mentioned in the above paragraph (1), and took the main disease, which is a dangerous object cited by the victim, and used it once, used the main part of the victim’s head, and took the victim’s head back up the bottom, and then filled up the blaps.

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

B. On March 22, 2019, the Defendant: (a) on March 22, 2019, the Defendant: (b) opened a gate in order to capture the body of the victim F in South-gu E, Nam-gu; (c) opened the gate in order to capture the body of the victim F; and (d) entered the entrance through the ma.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each legal statement of witness A and G;

1. The prosecutor's statement concerning G;

1. Each police suspect interrogation protocol against Defendants B and A;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes governing internal investigation reports (including witnesses, etc. in the vicinity), field photographs, etc., investigation reports (related to attachment of field photographs) - four on-site photographs, two photographs (related to attachment of a suspect A's body photo), two photographs, report on internal investigation (related to attachment of field photographs and personal illness of the suspect) - On-site photographs;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 261 and 260(1) of the Criminal Act (a point of each special violence) (a point of each special violence): Article 319(1) (a) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Defendant B among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.

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