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(영문) 대구지방법원 김천지원 2016.03.31 2015고단1611
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six 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

At around 01:05 on October 11, 2015, the Defendant: (a) while drinking alcohol at a “D” restaurant operated by the Defendant, along with the victim E (38:38) who had been a customer, the Defendant: (b) faced the victim’s bathing defect by putting the beer and beer disease in both hands; and (c) caused the victim’s knife with the shoulderer disease, which is a dangerous object, once by a knife so that the victim’s ma is in need of treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. Medical certificates (E);

1. On-site and victim photographs;

1. A report on internal investigation (related to arrest of flagrant offenders) and a report on investigation (to hear statements from victims E) (the defendant only threatened with a shoulderer's disease at a defensive level, and the victim did not intentionally injure the victim by doing so in the process of leaving his/her tea and head.

The argument is asserted.

However, in full view of the following circumstances admitted by each evidence in the judgment, the above assertion is rejected, since it is recognized that at least the defendant intentionally inflicted an injury.

1. In light of the position that the victim completed calculation and went out of the restaurant, and that the knife of a shoulderer's disease is separated, the place where the victim knife on the sof's disease is near the stairs of the restaurant entrance.

Therefore, the defendant appears to have been out of the entrance of the victim, which was the purpose of defending the victim.

It is difficult to readily conclude.

(2) The defendant sent to the scene at the time to police officers "I Dob Dob".

It was considerably drunk, such as grhetoration and grhetoration, and later, during the investigation process, he was unable to consistently state the reasons why the relevant person had been suffering from illness.

(3) The injured person at the time has towards the defendant.

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