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(영문) 광주지방법원 목포지원 2013.12.20 2013고단1363
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

Punishment of the crime

1. On June 4, 2013, around 21:37, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), followed the victim F (the age of 40) on the ground that the victim F (the age of 40) was able to see whether he/she was tobaccoed or not, and that he/she speaks against the victim, “I will see what he/she was tobaccoed,” and b) the sorash pipe (the length of 95 cm) which is a dangerous object in the warehouse, and b) the victim’s left part of the victim’s three times by displaying it to the victim.

As a result, the Defendant, who is in need of a medical treatment for about 14 days, was sprinking down the part of the sale in detail.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) stated that he had shown the attitude of her as stated in the written indictment, such as taking the kitchen knick, which is a deadly weapon in the kitchen, and taking the victim’s bath, and taking the victim’s bath in the written indictment, for the same reason as in paragraph (1) at the same time and place as in paragraph (1). However, it is difficult to recognize it as it is in light of the witness F’s witness F’s legal statement.

However, according to the above legal statement, it is recognized that the defendant cited a knife and took a bath. The defendant's series of acts using the kitchen knife in the kitchen and taking the victim's bath can be recognized as a threat of deadly weapons, and even if recognized, it does not give any substantial disadvantage to the defendant's exercise of his right to defense. Thus, the above change is recognized.

The victim threatened the victim.

Summary of Evidence

1. Partial statement of the defendant (as of the fourth trial date);

1. Legal statement of witness F;

1. The statement of each police officer made to F and G;

1. A H statement;

1. A written diagnosis of injury to the F;

1. Regarding the fact that the Defendant, while recognizing that the kitchen knife took the kitchen knife and the victim expressed a bath, the distance between the Defendant and the victim is not less than 10 meters.

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