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(영문) 수원지방법원 여주지원 2014.04.14 2013고단1120
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The prosecution against the defendant is dismissed.

Reasons

1. On July 24, 2013, at around 16:00, the Defendant: (a) drinked with the victim D (20 years of age) who was aware of in the studio of the 3rd floor of Dongcheon-si, Gyeonggi-do; (b) talked with the victim; (c) talked with the victim; and (d) talked with the victim; and (c) took call without the bruction, the Defendant collected about 1 meter of Aluminium (1 meter in length) which is a dangerous object in the nearest location of the brush; and (d) took one time the head of the victim’s head.

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

2. Whether an article on a board constitutes a “hazardous article” under Article 3(1) of the Punishment of Violences, etc. Act should be determined by whether the other party or a third party could feel a danger to life or body when using the article in light of social norms.

(2) The defendant and the victim met the victim's life or body at the place of this case where the victim's residence, i.e., the defendant and the victim met the victim's telephone call breath, on the ground that the defendant suffered from the victim's telephone breath, and there was no other assault using the above alkinum bom, etc., and there was no further violence between the defendant and the victim. Under the above circumstances, it cannot be seen that the defendant committed the above acts of violence more than others between the defendant and the victim. Under the social norms, the defendant's hair with alkinium breath of the victim's hair, and it cannot be seen that the defendant caused the harm to the victim or a third party to suffer from the harm to the life or body of the victim. Thus, the above act does not constitute "the punishment of the harm to the victim" under Article 3 (1) of the Punishment of Violences, etc. Act.

Therefore, the Punishment of Violences, etc. Act is applicable to the defendant.

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