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(영문) 서울동부지방법원 2016.10.28 2016고단1983
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2016 Highest 1983] On April 24, 2016, the Defendant: (a) around the street store in Gangdong-gu Seoul Metropolitan Government, around 15:30 on April 24, 2016; (b) on the ground that the victim E (40 years of age) brought a light for the victim E (the Defendant’s name and poor boxes) to go to the other Nana car boarding the Defendant and his name and poor boxes; and (c) the Defendant brought the victim’s Baa car out of the said smallest car at the Baa car, the Defendant carried the victim’s Baa car at the above Baa car at the Baba car at the Baba car at the same time; (d) carried the part of the victim’s Baa car at his hand at one time; and (e) took the part of the victim’s Bana car at one time, and (e) took part of the victim’s Banaa car at one time, the victim’s hand needs to treat the victim at two week.

As a result, the defendant injured the victim jointly with the person who was not injured in his name.

[2016Kadan2607] On February 23, 2016, the Defendant testified that “F would have taken an oath at the court of Seoul Eastern District Court No. 8 located in Jyang-dong Seoul Special Metropolitan City,” and that “F would have taken an oath at the court of the above case, such as habitual threat to F, etc., even though F would have complied with H’s restaurant business at G restaurant for about 30 minutes, despite having observed a view that H would interfere with H’s restaurant business, the Defendant appeared as a witness of the above court of the case, such as habitual threat to H.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

[2016 Highest 1983]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement prepared in the I;

1. A written diagnosis of injury;

1. Each victim's photograph (2016 Highest 2607);

1. Defendant's legal statement;

1. Copy of the statement made to the prosecution by the H, each protocol of examination of the witness, and each record book;

1. Application of court rulings (2015Gohap2673)-related Acts and subordinate statutes;

1. Article 2(2)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2(2)3 of the Criminal Act, Article 257(1) of the Criminal Act, and Article 152 of the Criminal Act.

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