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(영문) 서울중앙지방법원 2012.10.05 2012고단2765
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

[criminal power] On March 3, 2011, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. in the Cheongju District Court’s Support for Incheon District Court, and is still under suspension of execution as the said judgment becomes final and conclusive on November 12, 201.

【Criminal Facts】

Around 05:00 on January 29, 2012, the Defendant misleads the victim D (the victim 26 years of age) to have a sexual intercourse with E, a woman, within the guest room of 502, and caused the victim's body to go through drinking and drinking, and broken the victim's back head at one time by drinking water, which is a dangerous object in that place, with the victim's back head at one time. The Defendant broken the victim's body again with a wood garment at that place. At one time, the victim's parts, such as a cigarette, which is a dangerous object cited in his hand, were flicked by the victim, and the victim's back part and the back part of the shoulder, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. Photographs of a victim, such as the face and face of the victim;

1. Although the criminal records, the fine for negligence, and the Defendant assaulted the victim, they claim that the victim was merely 500 soldiers, and that the victim was not the victim, but the victim was not the victim, and that the victim was not the earthquake due to a cigarette, but the container was only contacted by the victim, etc.

However, the victim consistently stated the fact that the defendant was suffering from the 500 sabama which the defendant was living in the cooling and the head of the victim was broken, and earthquake facts are consistently stated in the victim's cigarette in the case of the victim. The victim's medical certificate of injury and photographs of the victim's upper condition correspond to the victim's statement. The facts of the crime in the judgment are proved by reliable evidence.

At the time, E testified to the purport that it corresponds to the above argument of the defendant, but E is on the other hand.

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