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(영문) 대전지방법원 논산지원 2015.08.25 2015고단171
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2014, around 11:45, the Defendant inflicted an injury on the Defendant’s house gate located in Seosan-si, and the Victim D (26 years of age) and construction cost, which is a dangerous object, and caused the Victim’s left arms one time to undergo approximately 21 days of treatment on the part of the Victim.

Summary of Evidence

1. The legal statement of witness D and E;

1. A medical certificate of injury, or photograph;

1. Application of the USB Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

2. Article 62 (1) of the Criminal Act;

3. Determination as to the defendant and defense counsel's assertion of probation, lecture attendance order, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The defendant and his defense counsel asserted that at the time the defendant only pushed the left chest of D on one occasion, and did not inflict any injury on D's left top part, and that the injury that D suffered on the left part was inflicted on D's left part before D.

As stated in its reasoning, D consistent from the investigative agency to the present court, consistently stated that the Defendant was injured by the left arms by selling D with the hack pipe, and the content of its statement is very specific. At the time, the Defendant does not conflict with other evidence, such as the amblance certificate (the date of the occurrence of the instant case) stating that the hacks with the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks, and

Therefore, the above argument is not accepted, since the facts constituting the crime in the judgment are recognized according to D's statement.

2. The defendant and his defense counsel tried to intrude the dwelling of the defendant beyond the fence, such as breaking the father of the defendant due to the construction cost.

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