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(영문) 청주지방법원 영동지원 2016.06.09 2015고단180
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

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. Special injury Defendant: (a) the victim D (the “87 years of age” written in the written indictment of 86) located in the Chungcheongnam-gun G on July 19, 2015 and around 18:30 on July 19, 2015, is obvious that it is a clerical error; and (b) the Defendant corrected it.

At the end of his house, the victim did not have been able to take personnel management of the president, etc., but flicker, which is a dangerous object, flicker, and flicker, which is a dangerous object, flicker of the victim's flick and flicker, and flicker flicker of the victim's flicker.

As a result, the defendant carried dangerous objects and carried them about about 14 days to give treatment to the victim, such as a chest, an examination, and a part of the clothes.

2. On July 19, 2015, at around 19:10 on July 19, 2015, the Defendant: (a) caused a fluor’s disease, which is a dangerous object, at the victim D’s house; and (b) caused the victim’s left shoulder several times.

In this respect, the defendant carried dangerous objects and assaulted the victim.

3. In light of the progress, etc. of the trial within the scope consistent with the facts charged, if the court does not give substantial disadvantage to the defendant's defense, it may recognize the minor facts constituting a crime ex officio without changing the indictment.

The facts charged as to the injury include the facts charged by assault and bodily injury within the same scope. In light of the process of the trial of this case, even if the facts charged are modified and admitted as above, it seems that there is no substantial disadvantage in exercising the defendant’s right of defense. Thus, the defendant should be found guilty of the injury by assault and bodily injury without due process.

The Defendant, at around 19:10 on July 19, 2015, at the house of D as described in paragraph (1) around 19:10, as described in paragraph (2), was removed from the victim E (n, 79 years old) who is the wife of D, and turned the victim’s shoulder over the floor by hand.

Accordingly, the defendant is given medical treatment for about 21 days to the victim.

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