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(영문) 청주지방법원 2016.04.22 2016고합12
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a victim C (52 years of age, women) and a person married on September 16, 1990.

On September 12, 2015, the Defendant: (a) at the home of the Defendant located in Heungdong-gu Seoul Metropolitan Government on September 2015, 2015; (b) and (c) completed his work and returned to the Defendant, “I am snife and gue.”

The victim's bucks, bucks, and heads of the victim were collected in a number of times, and iron straw (1 kilograms), which is dangerous objects under the bed of the bed, thereby getting off the victim's left arms and walking back the bed, and then getting off the victim's buck at approximately 6 weeks of treatment for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement of reference witnesses by the prosecution concerning C;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police against C;

1. Some of the written statements of the defendant;

1. C Complaints;

1. A written diagnosis of injury;

1. Application of Chapter forty-one photographs to Acts and subordinate statutes;

1. Determination as to the assertion by the defendant and his/her defense counsel regarding criminal facts under Articles 258-2(1) and 257(1) of the Criminal Act

1. The summary of the argument is that the defendant does not have the enemy when he was the victim.

2. In light of the following circumstances acknowledged by the evidence duly examined and adopted by this court, the victim’s statement is reliable, and the defendant sufficiently recognized the fact that he/she was aware of the victim’s age as stated in the facts constituting the crime.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

① The victim consistently stated from the investigative agency to this court that “the victim was scambied by the victim on the ground that the victim had scam and delayed drinking, and continued to scam the victim’s side scam, which was used by the victim’s left arms, on the ground that the victim was scambling,” to the effect that “The victim was scambied by the victim’s side scam.” (The victim testified in this court).

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