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(영문) 전주지방법원 2017.02.03 2015고단2275
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant is a person who works for tree trees at the construction site adjacent to a D cafeteria located in Jeonju-si, Jeonju-si, and the victim E (35) is a person who works for steel bars at the same construction site.

On August 31, 2015, the Defendant: (a) at the above construction site around 08:20 on August 31, 2015, the Defendant called “the victim cannot perform the construction of stairs and outer walls,” and (b) reported that he fights with other trees, and made a horse fighting with other trees, and (c) made the head of the victim one time with a watch, which is a dangerous object used in his hand, and (d) made the body fighting with the victim, and (e) caused damage to the victim’s head cover that requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement made by the prosecution against E;

1. Police statements made to E and F;

1. A medical certificate and a medical treatment record;

1. Application of each investigation report (13 pages of evidence records, photographs of criminal tools), and statutes;

1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts

1. The Defendant and his defense counsel’s assertion that they were frightened by the Defendant and his defense counsel and fighting with another person’s fighting with the victim are in contact with the victim’s head, so there was no intention to inflict an injury on the victim.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, there is no room for reasonable doubt that the Defendant, as a dangerous object, was injured by the victim. Thus, the above assertion by the Defendant and the defense counsel is rejected.

A. The victim consistently fell under the investigative agency and consistently, “the Defendant was deadly dead, and the head was faced with, and the Defendant’s senscising was the same as the Defendant’s senscising.”

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