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(영문) 광주지방법원 2013.05.01 2013노98

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. In full view of the evidence, such as the statement of the victim, the photograph of the victim's upper part of the body and the fact-finding report on the E Hospital, the court below found the defendant not guilty despite the fact-finding that the defendant inflicted an injury on the victim as stated in the facts charged, which affected the conclusion of the judgment.

2. At around 08:50 on September 22, 201, the Defendant: (a) 08:50, the Defendant: (b) got off from the driver’s seat to stop driving of the vehicle while the victim D (the age of 65) who was not good at ordinary level; (c) turned down the driver’s shoulder and cut down the vehicle; (d) took the victim’s shoulder by hand; (d) continuously cut down the hack pipe, which is a dangerous object in the plastic greenhouse; and (e) took down the hack pipe, which is a dangerous object in the victim’s plastic greenhouse; and (e) 10 times the head part of the victim’s hack, the Defendant sawd the victim for approximately four weeks medical treatment.

3. The judgment of the court below 1 held that there are some doubtful circumstances that are consistent with the facts charged of this case, such as the victim's police, prosecutor's office, and this court's statement, site and photo of damage, diagnosis report, each investigation report, etc., and according to each of the above evidence, the victim stated that he was at the hospital on the day of the crime of this case and received treatment by double heat, etc., and that "the victim's photograph and victim's statement, the victim's statement, and the victim's statement are likely to be damaged by material, such as hack pipe, etc. rather than the victim's face-to-face." However, the victim's statement that is the only direct evidence of the facts charged of this case is the following circumstances, i.e., the victim's initial investigation into the crime of this case by the police.