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(영문) 대구지방법원 2015.12.08 2015고단3759
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 5, 2015, the defendant argued that the victim purchased clothes at the defendant's house located in Daegu Suwon-gu C around 15:40 on June 5, 2015, and the victim tried to go back to his house in Seoul as his hand, which is a dangerous thing in Seoul, she saw the victim's head as his hand and her head was 3 times.

In this respect, the Defendant, while carrying with himself a son who is a dangerous object, assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Statement made to D by the police;

1. A report on dispatch to the scene of violence incidents;

1. The judgment on the assertion that the defendant and his defense counsel did not have any fact when the defendant was the victim who was the victim of the crime: The victim D testified in this court at the time of the police investigation, and stated that the defendant was at the time of the defendant's testimony, but the defendant was not at the time of the investigation. However, the defendant's attitude of testimony in this court actively intends to defend the defendant. However, considering the fact that the defendant and the victim were in de facto marital relationship with the defendant, the victim made a written agreement and made a statement in the police investigation process, there is a circumstance to be more reliable in the statement in the police investigation process than the statement in this court. The contents of the dispatch report prepared at the beginning of the crime scene by the police officer also conforms to the statement in the police officer. Despite the discovery of the victim's disease at the scene, although the victim was not the victim's wife despite other external factors, the victim's testimony and defense counsel cannot be accepted from this court.

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