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(영문) 의정부지방법원 2014.06.19 2014고단491
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On December 3, 2013, the Defendant: (a) in the operation of the victim D (Woo, 44 years of age) (Woo), the Defendant, while taking a verbal dispute with the victim on December 19:15, 2013, took a sudden bath of the victim; (b) was able to see the victim’s head debt with two descendants; (c) was tightly faced with the victim’s head head; (d) the victim’s face was several times by hand at hand on the back of the cooling and bottom of the cooling; (d) the victim’s bridge was taken several times by hand; and (e) the victim’s head was taken on a tree, which is a dangerous thing due to the occurrence of the accident, was taken on the part of the victim’s head, on the bridge which the department of the tea was located; (d) the victim’s head was frightd with the victim’s head debt; and (e) the victim was able to fright the victim’s body to the left part by the victim’s hand.

Accordingly, the Defendant abused the victim by using teas, teas, strawies, etc., which are dangerous goods, and inflicted bodily injury on the victim, such as damage to the character of head parts, strawing, etc., which require medical treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of police statement related to D or F;

1. A medical certificate;

1. On-site photographs, claims by the defendant and defense counsel;

1. The defendant and his defense counsel asserts that there is no fact that the defendant used a teahouse, which is a dangerous thing, and a scarcity, to injure the victim.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case: ① the victim stated, in consistent with the investigation agency from the victim to this court, that the defendant abusedd the victim by using a teahouse and a shoulder-sicker's disease; there are no circumstances to deem that the contents of the statement are very specific and natural, and thus, there are no objective credibility in the statement. ②

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