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(영문) 서울중앙지방법원 2013.06.13 2012고단6888
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On July 24, 2012, around 02:00 on July 24, 2012, the Defendant expressed, without delay, the victim G (31 years of age) who is an employee of Gangnam-gu Seoul, that “I wish to see it, she would do so, she would do so,” and went beyond the floor when I talked about the victim’s face and head.

As a result, the defendant got a multi-faceted approach to the victim for about 14 days.

2. The Defendant in violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) entered the studio at the time and place specified in paragraph (1) and at the 2th head of the same place, and told the victim H (39 years of age) who is the operator of the above main point, “I am hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hump,” followed the victim’s face.

As a result, the defendant carried dangerous articles with the victim for about 28 days and brought about a variety of 14-day medical care to the victim.

Summary of Evidence

1. Each legal statement of the defendant, G, and H

1. A protocol concerning the examination of each police officer with respect to G or H;

1. Investigation report (Evidence List 11);

1. Determination on major issues of each injury diagnosis letter and photograph

1. 피고인 및 변호인의 주장 피고인은 주점 테이블에 있던 유리컵과 양주병을 벽을 향해 던졌는데 양주병이 벽에 맞고 튕겨져 나오면서 H의 머리를 때린 사실이 있을 뿐 피고인이 유리컵을 H의 얼굴을 향해 던지거나 양주병으로 H의 머리를 내리친 사실은 없다.

Therefore, the Defendant cannot be deemed to have inflicted an injury on the Defendant by carrying dangerous objects, and there was no intention to inflict an injury on H with a deadly weapon.

2. Determination:

A. According to the above evidence, the defendant's face of glass cup as stated in paragraph (2) of the facts charged is the direction of H.

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