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(영문) 서울중앙지방법원 2013.11.01 2013고단3680
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

On March 23, 2012, the Defendant: (a) around 22:10 on March 23, 2012, at Djuk stores located in Seocho-gu Seoul Metropolitan Government, as F, a full-time workplace rent for the victim E (year 49) ; (b) on the first day, the Defendant followed the date of birth of the victim; and (c) Madju’s disease, which is a dangerous object on the table table, was collected toward the victim, was broken back by the victim’s back immediately after the victim’s wall; and (d) Madju’s disease was protrudinged to the back part of the victim’s back part, and caused about two weeks to go off the part of the victim’s back.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Photographs (the tear part of victim E shall tear);

1. According to the medical opinion, the defendant argued to the effect that, although there was a fact that the defendant was suffering from beer's illness by taking the victim's behavior and words in a prudent manner, the defendant did not have any intention to inflict injury on the victim. However, according to each of the above evidences, the defendant and the victim franc with the victim during the period of drinking together with the table, such as the victim, from the DNA point of view.

In light of the fact that beer disease, which is a dangerous object, was laid toward the victim's seat, the above beer disease was broken off immediately behind the victim's wall, which led to which the victim suffered an injury on the part of the part of the victim's back, which requires approximately two weeks of treatment. The defendant was unable to keep a distance from the part of the victim's back, and there was a wall immediately behind the victim. In light of the fact that the defendant was faced with beer disease toward the part of the victim, the defendant could have sufficiently known that the victim was able to suffer an injury by the part of the beer disease even if the victim suffered an injury or fails to meet it, at least, even if the victim suffered an injury, the defendant could have sufficiently known that the victim was able to suffer an injury.

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