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(영문) 전주지방법원 2019.07.10 2018고정636
특수폭행등
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On June 6, 2016, the Defendant, at the construction site of “C” located in Yasan-gu, Yasan-si, Seoul, and the victim D (the age of 63) said, “I do not complete construction works, are doing other construction works, and I am dead,” and assaulted the victim with the hick wheels, which is a dangerous object.

B. Around 07:50 on August 23, 2016, the Defendant found at the construction site of F’s house located in Yasan-gu E at the front of the bicycle, and assaulted the victim’s bucks by taking the front qui of the bicycle onto the lower body of the victim by pushing the victim with the front qui of the bicycle.

2. Defendant and his defense counsel’s assertion

A. Special assault: Around March 25, 2016, there is only a cross-section at the above site, and there is no booming person on June 2016, as stated in the facts charged.

D At an unclaimed site, the decline in the floor has been cut one time on the floor and the dust has not been displayed towards D.

(b) Violence: there shall be no person who assaults by pushing a bicycle with D.

3. Determination

A. D’s statement (i) as to the special assault, D’s statement: (a) was located at the inside of the C Burial Construction Site (hereinafter “PP”) at the investigative agency (hereinafter “PP”) but the Defendant appeared to have been seated, but he stated that he was seated, and that he was seated, and that he was seated. In this court, the Defendant’s statement was included only in the APP site but also in the AP site, and it was entered into the boundary between the store and the AP site. Accordingly, the Defendant appeared to have been seated from G sales center to the center of G sales center; and (b) from the investigative agency to the investigation agency to this court, the Defendant consistently stated that “The Defendant was seated and pushed off his bicycle on the road outside of the site, but the Defendant was seated and pushed off his bicycle.”

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