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(영문) 서울중앙지방법원 2019.03.28 2018고정2135
폭행치상
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 08:00 on April 4, 2018, the Defendant, who was working as the head of the B apartment guard, was in dispute with the victim D who was a security guard of the said apartment in the front door of the apartment house located in Gangnam-gu Seoul Metropolitan Government due to the adjustment of night work hours and the victim D.

During that period, the defendant was flobling with the victim, and assaulted the victim by taking the victim's flob and using the flob.

As a result, the defendant suffered injury that needs to be treated for 6 weeks due to the right shoulder, the right shoulder, and the defendant suffered.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by witnesses D in the third protocol of the trial;

1. As a result, the defendant and his defense counsel asserted that at the time of this case, at the time of the victim's assault, the defendant only saw the victim's breath, did not do so, the victim's breath, and the victim's injury does not result from the defendant's act.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, it is sufficiently recognized that the Defendant was able to take the victim’s sleep and sleeped during the Defendant’s dispute with the victim, and that the victim suffered the above injury.

Therefore, the defendant and his defense counsel cannot be accepted.

(1) A victim stated the details of damage consistent and specifically consistent with the criminal facts stated in the judgment from an investigative agency to this court.

② 이 사건 당시 피고인과 피해자의 다툼을 일부 목격한 증인 E은, ‘피고인과 피해자가 다투고 있어 이를 말리고 피해자를 경비초소로 데리고 왔다. 당시 피해자로부터 피고인이 피해자의 팔을 잡고 꺽었다는 말을 들었다. 피해자가 어깨가 아프다고 해 주물러 주었으나 계속 아프다고 해서 자신이 피해자를 대신해 근무를 하였다’라고 진술하여...

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