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(영문) 의정부지방법원 2012.12.13 2012고단1852

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

1. The defendant is innocent; 2. The summary of the judgment of innocence shall be published by the defendant.

Reasons

Around 10:20 on June 7, 2012, the Defendant: (a) placed the improvement of the E-real estate operated by the victim D (the 52 years of age; hereinafter “victim”) located in Yangju-si, which is a dangerous object used in his/her hand while having been in dispute due to parking problems; and (b) put the victim’s right side bucks in the process.

As a result, the defendant committed a dangerous object, which requires about 10 days of medical treatment, and an open measure to leave.

Judgment

The evidence that corresponds to the facts charged in this case is admissible as evidence, there are statements at investigative agencies and courts of the victim, photographs of damaged parts (13 pages of investigation records), and written diagnosis of injury.

In light of the following circumstances acknowledged by the evidence duly adopted and examined in this court whether the victim’s statement was credibility or not, the victim’s statement is difficult to believe it as it is.

On June 7, 2012, the victim stated in the police investigation that the defendant was placed in the front line, and that he was faced with the right bucks. On July 31, 2012, the victim stated that in the currency with the prosecution investigator, the defendant was sleeped with the aim of getting out of the person, rather than the defendant's improvement. In the prosecutor investigation on August 6, 2012, the victim stated that the defendant was placed in the front line with the front line, and that the defendant was placed in the right bucks under the upper line, and that on September 18, 2012, the victim returned to the court, and that the direction of the defendant's statement was consistent with the direction of the second line.

As seen above, in the first police investigation, the victim is superior in the process of displaying the defendant as a blind line under the right above.