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(영문) 서울북부지방법원 2016.02.17 2015고단1893
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 25, 2015, at around 19:30 on the front of Dongdaemun-gu Seoul Metropolitan Government, the Defendant reported that the victim D (64 tax) was in dispute with E, which is the seat of the Defendant, and pushed the victim with his hand, and then collected cement block (38cm, length 18cm, length 18cm, length 18cm) which is a dangerous object in which the victim was placed in the way to boom his head, and carried the victim's head twice, and put the victim's head into the heat of the number of days to be treated.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D, and some of the witness F, legal statement;

1. A copy of a victim's DNA injury photograph or medical record;

1. A detailed statement of reported case processing; and

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though there are many kinds of records of punishment for the same crime, the defendant committed the crime in this case again, and the defendant inflicted bodily injury on the victim's head by citing cement block, which is a dangerous object, and the crime in this case is very serious. Nevertheless, the defendant denies the crime and does not seem to have anti-defiencing light (it is true that the defendant threatened the victim by cement block, but the victim himself was faced with cement block, and the defendant was not the victim's price. However, considering all the circumstances such as the evidence in the ruling and the circumstance leading up to the collection of cement block, and the fact that the victim suffered bodily injury to the degree of self-defiencing it, it is recognized that the part of the victim's head injury was caused by the price of the damaged person by cement block.

(On the other hand, witness G puts a block in the court, but only the damaged person was the defendant by pushing the defendant, and the above block was the victim.

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