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(영문) 수원지방법원 평택지원 2012.09.07 2012고단470
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

At around 20:30 on December 20, 2012, the Defendant told that the victim D(40 years of age, n, n, n, n) had two beer diseases on the table, and that the victim respondeded to the victim on the ground that the victim was "welve," but the victim respondeded to "Ilve, as in South Korea," on the ground that "Ilve, Ilve, Ilve, Ilve the victim's face part at one time, and caused the victim's injury, such as inside and outside heat, which requires approximately five weeks of treatment."

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The Defendant’s argument regarding the Defendant’s assertion of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is acknowledged to have caused the victim to the Defendant, but the Defendant asserts that, as stated in the facts charged, the victim was not at the face of the victim due to beer disease, but the victim was at risk of having the victim go beyond the table.

In light of the following circumstances acknowledged by the aforementioned evidence, i.e., ① the victim consistently states that he/she suffered injury due to beer's disease; ② E made a statement from the victim that he/she was killed due to beer's disease; ② it is difficult to see that the victim made a false statement due to an imminent situation where he/she was under the influence of being exposed to beer's disease; and immediately after committing the crime, when his/her memory is born, the Defendant stated to the effect that he/she was not actively denied the crime; ③ E was sicker's disease from the floor and it was difficult for the victim to do so.

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