(영문) 서울중앙지방법원 2015.11.17 2014고단6258

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(영문) 서울중앙지방법원 2015.11.17 2014고단6258

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. On June 9, 2014, Defendant A, under the influence of alcohol on June 03:50, committed assault against the victim, such as: (a) the victim, who was under the influence of alcohol, was at a F cafeteria operated by the victim B (the age of 37) in Jung-gu Seoul Metropolitan Government, and was at the place of view, saying, the victim would die; (b) the victim was a dangerous object, and (c) the victim, who was at the place of view.

2. Defendant B, at the time and place specified in paragraph (1), the victim A (the age of 56) entered a restaurant operated by himself and her on the ground that breath was drunkly driven by himself, cited the kitchen knife, which is a dangerous thing, in his hand, into the kitchen knife, and used the kitchen knife in his hand, and boomed the victim out of the restaurant, and continuously boomed the victim while taking the kitchen knife in front of the restaurant.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s statement in the first trial record;

1. Statements made by witnesses B in the fourth trial records;

1. Defendants’ written statements

1. Seizure records;

1. The Defendant A (hereinafter referred to as the “Defendant A”) photographs of the part of the Defendant B’s damage and the knife photograph of the crime tool

A) The defense counsel and the victim B (hereinafter “victim”) as stated in the facts constituting a crime paragraph (1).

Although the victim asserts that he did not have assaulted the victim, the victim stated that he had consistently been subject to assault as to the above facts constituting the crime since the investigative agency to this court, and that he had consistently followed the following circumstances acknowledged by the records of this case, i.e., ① the defendant had a mutual vision with the victim immediately before the occurrence of this case, ② the defendant entered a restaurant operated by the victim in order to comply with the victim, ② the defendant appears to have been under the influence of alcohol at the time of this case, ③ the victim and the defendant were not known to the past, and thus the case occurred.

유사 판례

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