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(영문) 인천지방법원 2015.11.25 2015고단3159

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant B, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2015. 1. 7. 21:10경 인천 남구 F에 있는 ‘G노래주점’ 1번 방에서, 함께 노래를 부르며 술을 마시던 피해자 H(45세)과 시비가 되어 위험한 물건인 맥주병을 집어 테이블에 내리쳐 깨트린 다음 깨진 맥주병으로 피해자의 턱부위를 1회 찔러 15바늘을 꿰매게 하는 등 피해자에게 치료일수 불상의 턱부위 열상 등의 상해를 가하였다.

2. Defendant B, at the above time and at the above place, had the nnife H coming out of the above 1st room, and caused the victim’s injury, such as the number of treatment days, by misunderstanding that the victim I (the age of 47) assaulted and used the above H, making the head part of the victim’s head part one time, and making the life beer disease, which is a dangerous object, with the beer disease, and causing the victim to wear the life and tear the life of the life, thereby causing the victim’s injury.

Summary of Evidence

1. Defendant B’s partial statement

1. Protocol of the witness examination of the witness J's legal statement and witness I;

1. The second police statement of H;

1. The admissibility of evidence is recognized only when a person who needs to make a statement in the court is unable to make a statement due to death, illness, residence in a foreign country, unknown whereabouts, or any other reason, and the statement was made in a particularly reliable state (see, e.g., Supreme Court Decision 96Do2865, Apr. 11, 1997). In this case, the fact that there was a victim H and trial expenses was only a part of the back to the upper part of the victim or the part of the H and only a part of the back to the back part of the victim’s body, and there was no injury caused by a beer disease by a beer’s disease, and thus, the victim H prepared by the judicial police assistant.