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(영문) 대구지방법원 2016.09.23 2016고단1733

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. 피고인들 피고인들은 2015. 11. 5. 02:00 경 대구 남구 D 아파트 1xx 동 9xx 호에 있는 피해자 E( 여, 55세) 의 집에 들어가, 피해자와 그의 채무 변제 문제로 시비를 하던 중, 피고인 A은 손으로 피해자의 머리채를 잡아당기고 뺨을 때리고, 발로 피해자의 가슴을 걷어찼다.

Defendant

B reported that the victim moves out of the house by taking advantage of the gap in the city of diving, and followed by driving away from the elevator, the victim's neck and body was turned out into the above house, and again, the victim was able to get out of the 6th floor stairs by taking advantage of the gap in diving, and the victim was moving out of the 6th floor stairs, and the defendant A was able to get out of the house and boom the victim.

As a result, the defendant jointly placed a 28-day cage cage cage cage cage cage cage cage cages, etc., which require treatment among approximately 28-day victims.

2. The Defendant: (a) at the time and place specified in paragraph (1) at the victim A; (b) at the victim E, as above, she was towed by the victim E twice in his/her house; and (b) a knife (the total length: 29.5cm and the knife length: 17cm) with a knife, which is a dangerous thing in the kitchen at that place; (c) and (d) with the victim and the victim.

“.....”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial statement of the witness B;

1. The description of each part of the defendant A, B, and E in the suspect examination protocol against the defendant A by the prosecution;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Application of Acts and subordinate statutes to the field photographs, injury diagnoses, seizure records, list of seizure, internal investigation reports (CCTV image analysis), photographs, internal investigation reports (in relation to the submission of suspect E data), and medical care benefit records;

1. Relevant legal provisions concerning criminal facts;

A. Defendants: Before each of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016).