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(영문) 대구지방법원 2016.10.28 2015고단5406
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. An special injury:

A. On July 26, 2015, the Defendant: (a) around 20:10, at the Defendant’s house located in Daegu Northern-gu, Daegu Northern-gu; (b) on the ground that the victim D, the Defendant, who is the Defendant’s her son, returned to his her her son, continues to engage in drinking without being provided with KRW 10,000,000,000, a deposit for lease on the ground that the victim D, who is the Defendant’s her son, still lives together; and (c) on the ground that the victim’s gate, which is a dangerous object, had a gate room, where the number of days for treatment

B. On August 3, 2015, the Defendant was above the Defendant around 18:00.

At the place indicated in the port, on the ground that the victim called the victim's bicycle and mobile phone search for the victim's bicycle and mobile phone under the influence of alcohol, the victim taken away from the network, which is a dangerous object at the place, and the victim was able to find the victim's head from 2 to 3 times, so the victim's head cannot be identified.

2. Around 01:00 on July 30, 2015, the Defendant: (a) sought to assault D on the ground that he/she had taken drinking alcohol at the place specified in paragraph (1); and (b) sought to assault D on the ground that he/she had taken drinking; (c) due to the damage, D, the Defendant, as the Defendant and D had taken a visit to the victim’s name-non-merchants-merchants, was able to take part in the visit; and (d) had been able to take part in the exit of the victim, which is a dangerous object of the victim’s visit

Accordingly, the defendant carried dangerous articles and destroyed the market price of the victim's name-free box.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Each protocol of seizure and each list of seizure;

1. Application of the Acts and subordinate statutes to a report on the occurrence of violence, photographs of damaged parts, photographs of a camping net used for visits by the suspect or for damage, photographs of the camping net used during the time of destructive, voluntary reports on dynamics in cases of crimes of violence, etc. (Attachment of photographs of the network of seized objects), report on internal investigation (Attachment of photographs of the body of the victim), photo of the body of the victim, and report on the investigation (related to statements of witnesses in the case);

1. Relevant Articles and punishment concerning facts constituting an offense;

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