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(영문) 대전지방법원 서산지원 2012.12.07 2012고단434

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant shall be innocent.

Reasons

1. On April 15, 2009, the Defendant was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) by the Daejeon High Court on April 15, 2009, and completed the execution of the sentence in the Daejeon Prison on October 30, 2010.

【Criminal Facts of Crimes” around 15:00 on March 19, 2012, the Defendant: (a) took the victim D (main, 52 years of age) and her desire as a matter of the agreement on the assault case at the construction site of Jinjin-si; and (b) took the dispute with the victim, and (c) took the hack pipe (the length, 2m, 2m rails 13m) holding in advance, with the victim’s left chest at one time and twice as drinking.

As a result, the defendant carried dangerous things with the victim, thereby damaging the scarcity part of the chest part that requires treatment for about 14 days.

2. Determination

A. First, the witness D’s statement in the court and investigative agency seems to correspond to the facts charged, and there is an investigation report stating to the effect that E and F, Chinese people whose nationality is the same as D and D, have made a statement to the police officer that the Defendant was imprisoning D’s hume and breast part by the hume pipe. In light of the injury diagnosis statement and medical record, D complained of the malebry, such as the scare, etc. caused by the scarba on the day of the instant case, it can be confirmed the fact that D was subject to ex ante treatment, etc. through ex ante treatment during this period, and submitted to the investigation agency after receiving a written diagnosis of injury that the said council member requires treatment for about 14 days under the name of the disease, such as the scarf damage in the

B. However, on the other hand, the Defendant first reported the damage to the police on the day of the instant case, and was engaged in organizing scrap iron at the construction site during the first day from the investigation process to the present court.