beta
(영문) 서울북부지방법원 2016.02.16 2015고단3493

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the representative of the manufacture company at the end of both, and the victim D(34) has worked for the above company.

On November 14, 2014, around 00:30 on November 14, 2014, the Defendant took part in the drinking house of "F" in Gangnam-gu, Seoul, E and 2, and took part in drinking, and the Defendant took part in drinking with the victim as a business problem.

The Defendant, on the ground that the victim continued to resist his ebbbbage, was sponsed with the victim’s spherth, was sphered with the victim’s hair, and was sphered with the victim’s hair, and sphered with the victim’s chest part of his chest who was a dangerous object. The Defendant inflicted an injury on the victim, such as the victim’s head open head, which requires treatment for about 14 days, by getting the victim spher to walk from the stairs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. The legal statement of the witness H in part;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Each police statement made in relation to D, I, and G;

1. Three copies of each injury diagnosis certificate, closure photographs of the Internet seller, three photographs, and seven photographs;

1. An investigation report (in relation to the place of service for receiving and processing 112 reports, investigation into the police officer's counterpart, investigation into the place of service at the scene of dispatch, hearing victim D's statement, etc.) / The defendant and his defense counsel asserted that the defendant was placed on the floor at the time of the instant case and did not have any fact of having committed a crime against the victim. However, the defendant's defense counsel stated that "a person who committed a crime with a deadly weapon or other dangerous articles carrying a deadly weapon or other dangerous articles" refers to the case where he carries a deadly weapon or other dangerous articles or carries them in his body (see Supreme Court Decision 90Do401 delivered on April 24, 190, etc.). The following circumstances revealed by the evidence mentioned above, i.e.,, victim D consistently stated that "the defendant was faced with the person who was a deadly victim, and he was faced with H at the time of the instant crime."