(영문) 서울남부지방법원 2019.08.13 2019고단2626

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(영문) 서울남부지방법원 2019.08.13 2019고단2626

특수폭행등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 10:40 on March 19, 2019, the Defendant used a brick (a) which is a dangerous object on the roads near the community service center located in Yangcheon-gu Seoul Metropolitan Government, as a hand, in the state that the Defendant lacks the ability to discern things or make decisions due to stimulative disorder, and used a brick (a) which is a dangerous object on the roads near the community service center located in Yangcheon-gu Seoul Metropolitan Government (2.5cm, 11cm, 68cm) to threaten the victim D (man, 68 years of age), and used the victim's head on a one-time basis, and used the victim's head on a brick, which is a dangerous object continuously sealed by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The following facts are revealed: brick photographs, each investigation report (to be attached to the written reply, the relation to CCTV statement, CCTV image, and the victim's special violence against victim D), CCTV CD [the defendant and his defense counsel] alleged that the defendant did not have any fluorial relation with the victim's head. However, the above evidence duly adopted and investigated by the court. In other words, according to CCTV images at the place where the crime of this case was committed in this case, it can be confirmed that the defendant was fluoring the wall at the time of the crime of this case; ② The police called "fluoring a person with a wall" was dispatched; ③ The written reply submitted by the defendant to the investigation agency was written with an expression recognizing the fact that the defendant was fluort about the victim's hand; ④ The victim stated that the defendant did not want the punishment of the defendant because he did not have any fluoral relation with the victim's face with the wall, but the victim stated that the victim did not have any serious damage (the victim's fluoral relation with the victim's evidence 1).

In full view of these factors, the defendant's head is the victim's head.

유사 판례

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-창원지방법원 2013.01.31 2012노2127

-대구지방법원 2017.06.30 2017노719

-대전고등법원 2019.10.11 2019노242

-대전지방법원 2019.07.11 2018노3066