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(영문) 청주지방법원 제천지원 2013.10.10 2013고단513
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that 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

피고인은 2013. 4. 5. 18:10경 충북 단양군 C상가에 있는 피고인이 운영하는 D 앞 노상에서, 피해자 E(28세)에게 그가 위 사무실 앞에 차량을 장시간 주차하여 둔 것과 관련하여 “다시 한 번 여기에 주차를 하면 차를 다 부숴버리겠다”고 말하자 피해자가 “부수려면 부수세요, 이참에 차 좀 바꾸게요”라고 말대꾸하였다는 이유로 화가 나, 손으로 피해자의 뒷머리를 잡아 차에서 끌어내린 후 주먹으로 피해자의 얼굴을 1회 때려 바닥에 넘어뜨리고, 계속하여 발로 넘어진 피해자의 등을 발로 밟고 주먹으로 피해자의 머리를 수회 때렸다.

The Defendant continued to enter the above office, carrying a beer disease, which is a dangerous thing in that place, and boomed the victim, and boomed the victim with the above beer disease, and the beer disease faced with the floor, and caused the beer's fingers and kicks of the victim.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E, witness F and G partial statements;

1. Determination as to the defendant and his defense counsel's assertion on the scene of damage, photographic photography, diagnostic certificate, and diagnostic certificate

1. The alleged defendant does not open the floor to the floor of the victim or take the victim's steps;

The victim who was on board a vehicle and the victim who was frightened by hand when the victim was frightened from the vehicle, and the defendant was pushed the victim at the vehicle, and the defendant was frightened by the frighter in the car, and the defendant was not driving the beer in the car, and therefore there was no intention to inflict an injury on the victim due to beer's disease. At the time the beer's disease was broken, the victim was on board the vehicle, and thus, the beer's disease was frightened.

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