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(영문) 창원지방법원 통영지원 2012.08.22 2012고단243
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

A Imprisonment for two years, and each of the defendants B shall be punished by a fine of KRW 1,500,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On December 9, 201, the Defendant violated the Punishment of Violences, etc. Act (injury by group, deadly weapons, etc.) was able to take care of the victim B (the age of 57) in front of the F cafeteria located in Gyeongnam-gun E on the ground that the victim B (the age of 57) moved the Defendant’s ozone layer without permission, and the victim was able to take care of the victim’s entrance with drinking water once, and the window (the total length of 50cc) was collected, which is a dangerous object located therein, and thereby, inflicted injury on the victim, which is located in front of the right side of the victim, for about 49 days, such as the mouth of the alley, which requires treatment for about 49 days.

B. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the time and place of paragraph (a) of the above 1, and in a place where it continued to be dangerous in F cafeteria, the Defendant threatened the victim by having the kitchen knife (18cc in the blade length, 12cc in the knife) and the victim B.

2. Defendant B, on the same date and at the same place as the above 1-A, took the floor of the victim A (the 55-year-old) at two times, knives of the victim A (the 55-year-old-age-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-related kn

Summary of Evidence

[Defendant A]

1. Partial statement of the defendant;

1. Each legal statement of the witness B;

1. Each legal statement of witness G, H and I;

1. An investigation report (Attachment B of a Suspect’s death diagnosis report), an investigation report (to search the other party of the intention to issue a medical certificate of injury), an investigation report (to hear the Justice’s oral statement from a witness), an investigation report (to hear the statements from a shoter J) (Defendant B);

1. Defendant's legal statement;

1. A suspect interrogation protocol of the prosecution;

1. Each legal statement of witness G, H and I;

1. Defendant B and the defense counsel’s assertion of the investigation report (the attachment of a suspect A’s death diagnosis report, 83 pages, 84 pages of the investigation records), investigation report (to listen to the J phone statement of witnesses), investigation report (to listen to the J statement of shots), Defendant B and defense counsel’s act constituted self-defense.

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