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(영문) 대구지방법원 2016.01.15 2015고단4
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal record] On October 2, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Daegu District Court’s Port Support, and the said judgment became final and conclusive on December 26, 2014.

[2] On September 21, 2014, the Defendant: (a) around 02:15 on September 21, 2014, the Defendant: (b) at the entrance of the second floor of the 2nd floor of “D” located in North-gu, North Korea; (c) was faced with beer disease, which is an object dangerous to the stairs without any reason; and (d) went into the second floor through bed up to the left side of the victim E (21 years old) who was going to the second floor through bed up to the right side of the bridge; and (d) went into the top left side of the victim requiring approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement in the police statement protocol against E;

1. Each description in a medical certificate, a investigative report (to hear statements in victim E-mail), and a criminal investigation report (to hear opinions from a doctor F phone);

1. Each image of a dynamic image file stored in a CD (spathic and spathic video) by cutting a standing photograph, a spathic and a CD;

1. Previous convictions: Criminal history inquiry, sentence, personal identification, appellate court's judgment, and case search [the defendant did not have a beer's disease in his/her own mind, but did not have an intention of injury because he/she did not directly correspond to beer's disease.]

In other words, the following circumstances revealed by the evidence, i.e., (i) the Defendant was on the second floor at the time of being a beer’s disease, and (ii) the Defendant appeared to have been on the second floor from the first floor to the second floor, even though he was sufficiently aware that the Defendant was on the first floor when having been a beer’s disease, he was on the first floor, and (iii) the Defendant was on the beer’s back to the first floor, and (iv) the Defendant appears to have on the victim’s own left side bridge in light of the shape of the victim’s wound. In full view of the above, the Defendant is deemed to have had an intention to inflict injury on the victim.

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