(영문) 대구지방법원 김천지원 2016.10.26 2015고단1636

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(영문) 대구지방법원 김천지원 2016.10.26 2015고단1636

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

Around June 2015, the defendant was aware of the fact that he requested the victim C(72 years of age) to transport animals.

1. A special injury: (a) around 09:0 on August 26, 2015, the Defendant: (b) displayed each item (name 6cm, length 120cm), which is dangerous object, while taking a bath, such as “Chewing, opening,” on the ground that the victim demanded additional transportation cost; and (c) the extension of the Defendant’s ownership is not returned; (d) 3-4 times in drinking, the part of the victim’s face is 1 water; (d) the victim’s back part of the back part of the back part of the victim’s back part of the back part of the victim’s back part, such as walking the back of the victim several times; and (e) inflicted an injury on the number of days of treatment days by assaulting the victim, such as having the victim walk the back of the back part of the victim’s body.

2. On November 6, 2015, at around 10:46, the Defendant: (a) discovered that the said victim parked a Fpoter freight vehicle owned by him/her in front of “E” located in Kimcheon-si, Kimcheon-si; (b) opened a window where the said truck is off; and (c) removed a window, emburged by a window burging and drinking, and damaged the car so that the repair cost is KRW 1.60,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police officers and each protocol of examination of suspect about C by prosecution;

1. Statement to C by the police;

1. A report on internal investigation (any failure, etc. to prepare a victim's statement);

1. In relation to the issue of a special injury, the defendant and his defense counsel recognized the following facts. However, according to the consistent statement from the investigative agency of the victim C to this court to this court and the evidence submitted by the prosecutor, such as the video of the victim's photograph, the victim's face part is visible, the part of the victim's left left part is just one time, and the victim's back part is walking back several back to the back of the back of the back of the victim.

유사 판례

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-서울서부지방법원 2012.07.04 2011고정2266

-대구지방법원 김천지원 2014.11.18 2014고정568