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(영문) 수원지방법원 평택지원 2017.08.17 2017고단751
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant, at the D parking lot located in Ansan City, around 06:30 on November 10, 2016, expressed the victim E (42 ) before the day before the Defendant expressed the victim’s desire by means of text message, and sent the victim’s face by drinking, and continuously concealed it in advance under the parking lot stairs.

The defendant, carrying a deadly weapon, assaults the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statements from witnesses E and F;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. E statements;

1. A victim's photograph, record, and a detailed statement of processing of a reported case;

1. An investigation report (G currency) [Judgment on evidence] immediately after the case was reported to the effect that the reporting person tried to have the victim knife with a knife.

From the time of the first declaration to the investigation agency and this court, the victim consistently takes a knife knife knife on the ground that the defendant was in the knife knife.

2.3 1.5 2.2

The credibility of the statement is high in light of the content and the attitude of the statement.

The CCTV was installed at the place of crime, and the victim also demanded an investigative agency to investigate CCTV (the CCTV was not recorded due to a malfunction). Meanwhile, the defendant's argument that he was in possession of a knife in his clothes, and that he fell in his knife from his clothes is difficult to believe in itself.

On the other hand, the defendant's statement is unclear and it is difficult to understand the fact that the fighting has terminated.

The injured party shall be a person who has a strong knife and shall take the knife in knife

In light of the victim's statement about the background of the display, it seems that there is no possibility that the victim was aware of the portable excessive charges that the defendant was in possession of friendlyly and sacrific.

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