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(영문) 서울남부지방법원 2016.10.12 2015고단4178

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

At around 00:02 on July 21, 2015, the Defendants conspired with “G” house located in Yeongdeungpo-gu Seoul Metropolitan Government F on the ground that the glass residues while drinking alcohol was broken off to the table table, and then the strike was protruding to the table table in which the victim H (23 years old) was the victim, the Defendant A, the Defendant A, by gathering beer, fright the victim’s right side by gathering beer, which is a dangerous article on the table table, and the Defendant B, the victim’s parts walking at one time on the part of the victim’s clothes, had an inner part that requires approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of the witness H, I and J;

1. Each police statement made to H and I;

1. Photographs of the victim;

1. A medical certificate;

1. A report on the field of violence;

1. The Defendants and the defense counsel of the 112 Report Report Handling Table suggest that Defendant A did not enter the victim with her beer and her beer and that Defendant B did not her bet the part of the victim’s clothes.

그러나, 피해자는 경찰이 현장에 출동할 당시부터 이 법정에 이르기까지 일관하여 피고인 A을 지목하며 피고인 A이 맥주잔으로 자신의 눈 부위를 때렸고 피고인 B은 발로 자신의 배를 찼다고 진술하고 있다.

Comprehensively taking account of the above statements by the victim, photographs of the victim's bodily injury on the day of the incident, and the testimony by other witnesses, the fact that the victim suffered bodily injury in the snow in the process of vision with the defendants is evident, and there is no circumstance to deem that the victim has inflicted bodily injury or suffered such injury due to the victim's self-harm or facing other locations.

Although Defendant A was unable to directly see that Defendant A was able to get off the victim due to beer and beer, Defendant A was able to get out of the entrance, the victim began to her “child”, and the victim was her hands off, and Defendant A stated that the her was her hand, and that Defendant A was her to have the beer and her knick.