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(영문) 전주지방법원 2016.01.28 2015고단1069

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant, around 23:00 on May 6, 2015, at the office of the Defendant’s house 208 Dong 301, the Defendant: (a) borrowed money from the victim D (46 years of age) E, and (b) even though the Defendant did not borrow money from the victim D (46 years of age), he did not pay the money from the victim, the Defendant did not pay the Defendant money from her spouse G at the F cafeteria around 20:00 on the same day.

A false statement that it was known that there was a few months, and whether “H test borrowed money of KRW 2 million” from G

“The victim was asked to hold and the victim was able to talk about him/her, and the victim was able to look for the victim’s house, which is a dangerous object (30 cm in length).

At around 23:50 on the same day, the Defendant: (a) laid the victim at the house of the victim I located in North Korean-gun I, and (b) laid down the front door and the front part of the victim’s left eye one time due to the moment the victim opened and coming from the front door; and (c) suffered injury to the victim during about 3 weeks of treatment.

In this respect, the defendant carried a dangerous article, and inflicted an injury on the victim for about three weeks, requiring medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocol and list of police seizure;

1. Application of Acts and subordinate statutes to photographs, diagnostic notes, investigation reports (explics of seized articles and motion pictures);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the criminal defendant repents his/her wrong and completely agrees with the victim);

1. Article 62-2 of the Criminal Act on the observation of protection;