(영문) 서울남부지방법원 2015.02.09 2014고단2728

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(영문) 서울남부지방법원 2015.02.09 2014고단2728

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 21:00 on June 16, 2014, the Defendant, at the Defendant’s house located in Geumcheon-gu Seoul Metropolitan Government C Apartment 202 Dong 910, when drinking alcohol together with D, was living together with D, and was living together with D, and was living together with D at the same time, the Defendant had the victim E (the age of 56) living with D and her living together with D, and had the victim enter the same place. However, the Defendant refused this, while the victim was drinking, the Defendant refused it, the Defendant: (a) broken the softener’s disease, which is a dangerous object, and (b) sustained the victim’s face and the part of the shoulder and the part of the left-hand so that the victim could not know the detailed treatment period.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Second police interrogation protocol regarding D;

1. Each police statement of E;

1. Photographs of the suspect and victim;

1. On-site entrance report (except for the part on which the statement of the victim is written) and defense counsel, the defendant and defense counsel set up the facts that the defendant shouldered the fluor's disease at the time, or that the defendant did not display the fluor's disease towards the victim, and that the victim suffered an injury in the course of making the fluor's disease by taking the fluor's disease from the fluor's hand, and denied the charges.

However, at the time of the investigation conducted by the police, the victim consistently stated that the defendant was faced with a shouldered sofass and arms by the defendant. At the time D, the defendant stated to the effect that he was faced with the victim by shouldering the sofass and fighting with the defendant and the victim. In the on-site dispatch report of the police officer dispatched after receiving the report at the time, the victim was not fasible, and the victim was not fasible.

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