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(영문) 의정부지방법원 2016.03.30 2015고단1388

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 16, 2015, at around 02:20, the Defendant lent a mobile phone to the victim E (57 years) (a taxi engineer) who was sent from the call at the time of the call at the time of the call at the Namyang-si, Namyang-si, the Defendant: (a) asked the victim to have no victim; (b) asked the victim to have the face; (c) took the part of the victim’s face twice; (d) take the back part of the victim’s head in drinking; and (e) took the part of the victim’s head into consideration once, as well as the evidence submitted to this court, such as the witness’s testimony, and duly admitted, it is reasonable to determine that the part is closed once, and even after ex officio change, it does not interfere with the Defendant’s right of defense.

In addition, two parts of the inner side, which require approximately two weeks of treatment, were placed on the victim.

Summary of Evidence

1. Each statement of the witness F and E in the second public trial records;

1. A written diagnosis of injury;

1. The defendant asserts that he did not inflict an injury on the victim by using violence, such as flabing the victim and flabing him, and flabing him with flab, etc.

However, victims E and witnesses F have consistently stated the facts of damage in the investigative agency and court.

In addition, the injury of the injury in the injury certificate and the parts and parts of the above photograph were consistent, and the injury was caused by a different reason.

There are no materials to see.

Therefore, the above facts charged are fully recognized in full view of each of the above statements, the medical certificate of injury, and the photograph taken by the victim.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances that are favorable for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses: The latest ten years.