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(영문) 청주지방법원 제천지원 2017.09.14 2016고단417
특수폭행
Text

Defendant

B The Defendant A shall be punished by fine of 1,500,000 won and by imprisonment of 8 months, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant B, at around 21:55 on May 18, 2016, the Defendant: (a) f, at the main point of “F” located in Chocheon-si; (b) f, while drinking alcohol with the victim A(43) while drinking alcohol; (c) had a dispute, he/she was committing assaulting the victim by gathering the main disease, which is a dangerous object on the table, on the table of the table; and (d) f, having flaped the victim’s flap and pushed the flap with his/her hand.

A prosecutor prosecuted the above criminal facts that "the defendant was suffering from a main illness, which is a dangerous thing, leading to a victim" with regard to "the defendant was suffering from a main disease, which is a dangerous thing, leading the victim and faced with the head of the victim."

However, according to the black stuff image in which the situation at the time was taken, it is unclear whether the disease or disease of the defendant was on the part of the victim's head, and the victim was on the wall of the victim's left side, and the victim was on the part of the victim's disease.

In the case where the main body of the defendant and the victim were faced with the main body of the soldiers, there seems to be a significant difference between the shape and degree of the body ordinarily occurring in the case of the main body of the soldiers (the 42th page of the investigation record) and the situation of the victim is significantly different even if the victim B, as stated in paragraph 2 of the judgment, compared with the main body of the disease (the 17th page of the investigation record). Rather, in the process of the defendant and the victim's committing an act of killing and smugglinging with each other, it is doubtful that it was not caused by flap, etc. in the process of the defendant and the victim's act of killing and pushing with each other (the 17th page of the investigation record). At the time of this court, G observed the situation of the defendant and the victim, "the victim did not comply with the motive of the defendant's special injury." The victim made a false or exaggerated statement related to the motive or motive of the crime against the defendant as the perpetrator of the special injury to the victim.

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