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(영문) 서울서부지방법원 2015.06.03 2014고단3257
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2014. 7. 7. 18:00경 서울 용산구 E에 있는 ‘F’ 퀵서비스 사무실 내에서 피해자 B(55세)가 피고인에게만 일을 힘들게 배당한다는 이유로 피해자에게 “개 좆 같이 일을 주네, 씹할 놈 똑바로 해”라고 욕설하였고, 이에 서로 시비가 되어 몸싸움을 하다가 주먹으로 피해자의 가슴, 얼굴을 때리고, 양팔로 목을 감아 목을 조르며, 발로 가슴을 걷어찼다.

The Defendant continued to gather pipes ( approximately 1m in length), which are dangerous articles supporting the Ortoba in the process of diversing out of the above office, and caused injury to the victim, such as flaging the victim who was flaging behind the Defendant, and flaging the victim who was flaging, and causing injury to the victim, such as 4 weeks of injury or damage to the integrity of the mouth.

2. Defendant B, at the time, at the time, and at the place specified in the above Paragraph (1) above, carried out fighting with the victim A (the age of 51) and the body fighting, the Defendant collected glass cup, which is a dangerous object against the victim and was placed adjacent to the victim, from the victim, and caused injury to the victim, such as double dives, for about three weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. A medical certificate, injured part photograph, pipeline and photo, each bodily injury diagnosis certificate, and bodily injury photograph;

1. The Defendant A asserted to the effect that he did not commit any assault, etc. as described in the initial facts charged, and that the victim B’s injury was doubtful.

As a result of the examination of evidence, the defendant's argument was partially accepted, and the changed facts charged are found guilty according to each evidence of the ruling.

2. Defendant B is subject to the Victim A’s Hague from the Victim A, and thereafter, subject to this.

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