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(영문) 의정부지방법원 2016.09.21 2016고단2710
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On June 26, 2016, the Defendant followed the Victim F (17 years of age) in the E-west parking lot located in Do-si, Do-si, Do-si on June 26, 2016, and used the Victim F (30 meters of age), which is a dangerous object in front of the E-round photographer, and assaulted the Victim by means of bucking the victim's right side bucks.

Summary of Evidence

1. The defendant's partial statement

1. Statement made by the police with regard to F;

1. A written statement;

1. Determination as to the defendant and his/her defense counsel's assertion of crime place photograph, victim's multi-child photograph

1. The gist of the assertion is that it is difficult to determine whether the Defendant was the victim, and the size of the stones cannot be determined by leaving the victim in light of the circumstances, and thus, it is difficult to see that the injured party was fright to life and body, and thus, does not constitute a dangerous object.

2. Whether a given product constitutes “a dangerous thing” under Article 261 of the Criminal Act ought to be determined by whether the other party or a third party could feel any danger to life or body when using the product in light of social norms (see, e.g., Supreme Court Decision 2007Do3520, Mar. 26, 2009). The following circumstances acknowledged by the evidence as follows: (i) in this case, there is no direct material that can detect the size of the stones that the Defendant was faced with the victim; (ii) the fact that the Defendant was able to care for the victim; and (iii) the victim was consistently aware of the fact that the victim was fucked by the investigative agency.

진술하고 있는 점( 증거기록 제 9, 32 쪽), ② 당시 피해자는 피고인이 던진 돌에 맞은 우측 허벅지 부분에 살갗이 벗겨지고, 그 주위가 붉게 변하는 상처를 입었으며, 살갗이 벗겨진 크기가 1cm 정도는 되어 보이는 점( 증거기록 제 13-2 쪽), ③ 피고인은 밤 11 시경에 술에 취하여 피해자와 그 친구들에게 욕설을 하면서 ‘ 가,...

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