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(영문) 수원지방법원 2014.01.06 2013고단3334

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

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

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

Reasons

Punishment of the crime

The defendant, on or around April 16, 201, entered the Republic of Korea on or around April 16, 201, C(C) is the defendant's pro rata, D(D), and E(E) is the defendant's deceased relative.

The Defendant and the victim C, D, and E agreed to assault the above victim on the ground that the victim F (F, 34 years of age) borrowed money for gambling to C to pay 800,000 won.

Accordingly, at around 17:00 on January 27, 2013, C concluded that C would have to make a loan to the victim and to pay the money.

Around 18:00 on January 27, 2013, the Defendant and C/D collected a pipe, which is a dangerous object that was prepared in advance on the H elementary school near H elementary school, and C found that the victim passed through the seat of the knife two blades (21cm in blade length) on the knife belt.

D) Accordingly, the hack pipe shows several parts of the victim’s face face, face, etc. as well as C also prices the victim’s face and face with the hack pipe. The Defendant display the victim’s hack pipe in response to the hack pipe. In the indictment, “The Defendant stated the victim’s face, face, etc. on several occasions with the hack pipe, and does not put any substantial disadvantage to the defendant’s defense in light of the progress of the trial, etc.,” without any changes in the indictment, the Defendant ex officio acknowledges criminal facts as “the Defendant hacks the victim with the hack pipe.”

E tried to look at the surrounding areas and understand them.

As a result, the Defendant, in collusion with C, D, and E, carried dangerous things and inflicted injury on the victim, such as an excellent body 3 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Some of the statements made in police statements of I and F (excluding the part not trusted);

1. Details of the diagnosis and treatment of the victim, and photographs;

1. On-site investigation reports ctv video data, and