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(영문) 대전지방법원 서산지원 2012.08.10 2012고단206
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On December 26, 2011, at around 13:15, the Defendant: (a) was in dispute with the victim E (ma, 26 years of age) within the Doel located in Masung-si on 13:15 on December 26, 201; (b) was in dispute with the victim’s chest part at one time due to the head; (c) was tightly, the victim’s chest part with his/her face part twice with his/her finger part; and (d) was hacked up to the victim’s head with his/her hand while driving away from the Mael; and (e) was fluened more than the victim’s face part twice by drinking, and she was headed of the victim on the ground that he/she took part with his/her fraud.

As a result, the Defendant assaulted the victim with dangerous objects, thereby causing injury to the victim, which requires medical treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Shot photographs on the spot and on the part of an injury;

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

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

1. As to the Defendant’s assertion under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., that the Defendant was a primary and contingent crime, and that the victim seems not to have suffered from a harm to the victim), the Defendant asserts that the Defendant cited a boom, but the Defendant did not put the victim into a boom, and denies the Defendant’s crime.

In light of the credibility of the victim's legal statement that corresponds to the facts charged, the victim's upper part is the side side of the right side of the upper part of the victim's surface, and the shoulder-proof clocks that are far away from the floor of the site of the case, the chemical part used for the crime seems to be a shot, broad and relatively small type, and the head of the body towards such a chemical part.

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