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(영문) 의정부지방법원 2015.04.22 2014고단1586

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

On April 24, 2014, at around 03:15, the Defendant confirmed that the victim D had a relation to the E and internal combustion of the Defendant’s wife, and found the Defendant’s face at the Defendant’s home, and found the Defendant’s face at the Defendant’s home, and took a brupt (1m in length), which is an object dangerous to the Defendant’s face, and took a brupt (1m in length) of the victim’s left part, and taken one time at the victim’s left part, and taken part, such as drinking, spath, face, chest, etc.

As a result, the Defendant carried dangerous articles with the victim for about two weeks and inflicted injury on the victim, such as cerebral celebrosis in detail, in which there is no open room for treatment within two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. In light of all the circumstances, such as on-site and the suspect's photo, etc. [The defendant and his defense counsel are sufficiently recognized that the defendant committed an injury by taking the victim's left side of the victim's body once at a time when he was able to do so, but did not fit to the victim. However, according to the victim's statement, the defendant's self-defense is acknowledged as having conducted an autopsy first from the victim's house to the victim's body, i.e., the victim D, made a considerable memory and statement of the situation at the time from the investigative agency to this court, and the victim's back part of the back part of the victim's body appears to be hard to be at the price due to solid things. In light of all the circumstances, the defendant's self-defense cannot be accepted since the defendant's act of attack was self-defense and defense cannot be accepted.

1. The relevant Article of the Criminal Act and the act of violence, etc.;