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(영문) 의정부지방법원 2013.08.13 2013고단1827

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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

1. 폭력행위등처벌에관한법률위반(집단흉기등상해) 피고인은 2013. 3. 30. 19:40경 포천시 C에 있는 동생인 피해자 D(42세)의 집 앞 골목길에서, 피해자가 자신을 무시한다는 등의 이유로 피해자와 다투던 중, 피해자가 그곳에 있는 돌을 집어 주면서 “칠 테면 쳐 봐!”라고 말하자, 순간적으로 격분하여 오른손으로 위험한 물건인 위 돌을 낚아챈 후 피해자의 왼쪽 눈썹 부위를 1회 강하게 내리쳐 피해자에게 치료일수를 알 수 없는 ‘좌측 눈썹 부위의 깊은 열상’을 가하고, 피해자로 하여금 기절하게 하였다.

2. Around 20:08 on March 30, 2013, the Defendant of special obstruction of performance of official duties: (a) was wraped with D at the house of the above D on the following occasions; (b) “When the slopeF belonging to the Macheon Police Station Embridge, which was dispatched after receiving a 112 report on the content that she wraped with D, separates the Defendant from the Defendant, the Defendant she spaceded the assault; (c) he saw the boom ( approximately 25cm in length, about 13cm in length, about the day, about 13cm in length) which is dangerous in the kitchen at the same time; and (d) he laid the blick with the above F as a back blicker, and kept it back, and continued to interfere with the performance of duties of the police officer’s lawful handling of dangerous things, such as taking one of his shoulder, and thereby obstructing the police officer’s treatment of dangerous things.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant legal provisions and Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act regarding criminal facts, Article 257(1) of the Criminal Act, Article 144(1) of the Criminal Act, and Article 136(1) of the Criminal Act (the act of interfering with the performance of public duties by carrying dangerous articles, and the choice of imprisonment).