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(영문) 울산지방법원 2015.11.06 2015노180
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The witness of the court below, including the victim and witness, made a statement to the effect that the defendant did not directly consider the victim's head as a beer soldier at the prosecutor's office and the court below, but the defendant stated to the effect that the defendant prices the victim's head as a beer soldier at the police stage. As above, the victim and witness, etc. changed the victim's statement at the prosecutor's office and the court below's court after the agreement was reached between the defendant and the defendant, which led to the change of the victim's head at the request of the defendant's wife, etc., and thus cannot be trusted, and the court below acquitted the defendant

2. The Defendant, on February 19, 2014, sentenced the Ulsan District Court to six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and completed the execution of the sentence at the Ulsan Detention House on April 20, 2014.

Around 02:00 on July 10, 2014, the Defendant performed a contact loan, such as victim F (n, age 39) with E, etc., in a "Dnoman bank" located in Ulsan-gu, Ulsan-gu, Seoul, and performed a horse fighting at the expense of the above E and the small Silverb, the Defendant saw the victim's head to be a beer who is a dangerous object in the table of the table of the table, and caused the victim to undergo approximately two weeks of treatment.

3. The lower court determined that “The evidence presented as shown in the facts charged in the instant case lies in the victim F’s statement as evidence, the police protocol as of July 10, 2014 against the victim F, the police protocol as of July 10, 2014 against G, the police protocol as of July 10, 2014 against G, and the investigation report as of July 10, 2014, and the details of H’s statement, and the 112 reported case handling statement.

However, in full view of the following circumstances acknowledged by the record, the above evidence cannot be trusted, or the above evidence alone was when the defendant was at the time of the victim's head due to beer disease as shown in the facts charged in this case.

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