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(영문) 광주지방법원 2013.10.29 2013고단2952
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

On December 25, 2012, at around 23:00, the Defendant: (a) expressed the victim F (the age of 51)’s desire to “E” in Seo-gu, Seo-gu, Gwangju; (b) expressed that the victim F (the age of 51) was “the victim’s desire to make a late call to the Defendant by telephone; (c) thereby, inflicted injury on the victim, i.e., the victim’s face, which is a dangerous object in his body, while fighting with the victim’s body, and the victim’s body was fighting with the victim’s face.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant at F’s legal statement asserts that the victim F was faced with the glass on the floor by itself. However, the medical doctor G treated the victim at the time of investigation agency stated that the victim’s wife’s injury did not go beyond beer, and that the victim’s injury did not go beyond the victim’s F. However, D at the site stated that there was no fact that the victim’s injury was exceeded.

G, D’s statement is rather consistent with the victim’s explanation about the situation at the time.

In addition, in light of the appearance and attitude of the statement in the process of cross-examination with the accused, it is judged that the testimony of F is reliable.

Meanwhile, the Defendant asserted the credibility of F’s statement on the ground that the Defendant’s fingerprints was not identified in the first place of the glass cup collected immediately after the instant case, but the instant case seems to have been merely one of the two cases at the time of the instant case.

Since the above removal of sculptures seems to have been used to add F, it is not likely that this would give rise to doubt about the credibility of the above F’s statement.

1. Each description of a medical certificate of injury, investigation report (case on-site investigation), investigation report ( telephone communications report with a medical doctor), and copy of medical records;

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