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(영문) 수원지방법원 2016.05.11 2015고단3295
상해
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and C had been living in each of 205 and 305 of the building D in Suwon-si, Suwon-si, and had been becoming a noise problem between ordinary stories.

On February 9, 2015, around 03:00, the Defendant: (a) in the front corridor No. 205 of the 205th floor above D2, and (b) in the victim C (35 years old); (c) in light of the fact that the victim C (35 years old) was deprived of this stairs; and (d) took a deadly weapon, the Defendant threatened the victim of the death.

In this regard, the injured person knife the defendant's knife, and the defendant assaulted the victim by shocking the face of the victim's head.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal testimony of witness E, F, and C;

1. Each police statement protocol against C and E;

1. A written statement;

1. Recording records;

1. The Defendant’s judgment as to the assertion of the Defendant and his defense counsel on the investigation report (as to the knife used by the Defendant A for committing the crime), and the Defendant found that he was sled with both waves and waves to cook the instant case, and tried to use the knife and knife the knife in his front house, while he was sled with the knife and knife for cooking, and C and C were flife with the knife with the knife inside the knife knife with the knife inside the knife knife knife,

The crime is denied to the effect that there is no threat or assault against C.

However, the defendant and the victim later and later told the two persons at the time of vision.

According to the testimony of E and F and the statement made by investigation agency, it is common that the Defendant set a vision due to noise problems between C and the floor he accumulated in the upper floor at the time, and the part that the Defendant saw the knife while flabing, sponsing and sponsing each other, and the part that the sponsing and cutting the spons was common, and according to the diagnosis and photographs, two persons commit violence during the process of spatling and spating each other.

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