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(영문) 전주지방법원 2015.11.20 2015고단790
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On April 29, 2015, the Defendant: (a) heard the victim F (51) of the victim F, who did not have any face at least 3 days prior to the front city EM in the front city of Yansan-gu, Jeonju-si; (b) on the part of the victim F (51 years old), “Is only one cigarette,” but without any reason, the victim’s speech that “Is away from the victim’s face at one time; and (c) there was a fact between the victim’s escape and the victim’s walk at one time, without any reason, that “Is this person, and still have come back at the same time, if Isss ice, Is ice, and still have returned to the victim’s face at one time; (d) the victim’s head was flick, which is a dangerous thing in front of the wife, and caused damage to the victim’s body for 28 days, and the victim’s treatment and treatment for 4 days off the part requiring treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The application of Acts and subordinate statutes to photographs, such as bricks, photographs on the part of an injury, and diagnostic reports;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

2. The defendant's judgment on the issue of Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act (person with a mental disability) of the mitigated Criminal Act argues that the victim's face was flicked once, and that there was no assault against the victim. Thus, the following circumstances acknowledged by this court comprehensively considering each evidence duly adopted and investigated by this court, i.e., the following circumstances: ① the victim was flicked by the defendant and his body fighting at the time and place of this case from the investigative agency to the court of this case; ② the victim was flicked, and the victim was flicked at the time and place of this case; ② the victim was flicked, and the victim was flicked by the defendant; ② the victim was flicked at the time.

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