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(영문) 서울동부지방법원 2016.04.07 2015고단2377
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2015, around 02:30 on July 11, 2015, the Defendant attached a victim E (62 years of age) with the victim on the ground that the victim E (62 years of age) was a guest who found his/her place in the 1st underground floor of Songpa-gu Seoul Metropolitan Government C building and that it would be slick.

In that sense, Defendant 1: (a) caused a shouldered beer disease, which is an object dangerous from the entrance stairs of the above main point; and (b) continuously caused an injury to the victim, such as fiff, and fiff, which requires approximately three weeks of treatment to the victim, due to the beer disease.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the second public trial protocol;

1. To state part of the witness F in the second public trial record;

1. Entry of the witness G in part of the third public trial record;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement protocol by the police for E;

1. Photographs of a shoulderer, beer’s disease, scoper’s sculpture, skin, and other photographs;

1. Each investigation report and written diagnosis of injury (a defendant and defense counsel recognize the fact that the defendant has broken off the victim E, but denies the facts charged that the victim has broken off with a shoulderer disease.

However, in light of the following circumstances, the criminal facts of the Defendant’s carrying of beer disease and committing an injury to the victim are sufficiently recognized.

We do not accept the above arguments.

(1) immediately after the instant case, the victim was faced with a shoulderer’s disease in the police investigation process.

The emergency room made a statement to the same purport.

The victim's statements are consistent and specific, even after they are, therefore, highly reliable.

(2) The doctor in charge may take place with the top of the body of the victim's snow in a khalkyed material, and is deep in that the victim's body complained of the top side of the body and the reduction room of the two sides.

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