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(영문) 의정부지방법원 2016.04.20 2015고단5055
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

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

Reasons

Punishment of the crime

On October 31, 2015, the Defendant: (a) while drinking the same mountain member E, victim F, and alcohol in the “D main points” located in Pyeongtaek-gun C 2, Pyeongtaek-gun, Gyeonggi-do on October 31, 2015; (b) on October 31, 2015, the Defendant: (c) “F by pump bomb,” to E;

Cp. Franc Doz.

“Along with the victim’s and the victim’s vision, hink hin hin hin hin hin hin, hin hin hin hin hin the victim’s head, and hin hin hin hin hin hin hin hin hin hin hin hin hin the victim’s body, which is a dangerous object, caused the victim’s injury, such as the mouth and heat of the bones, which requires approximately three weeks of treatment.

Summary of Evidence

1. The F legal statement of the Defendant’s partial legal witness F

1. Witnesses G and some of H legal statements;

1. Each police statement concerning G and F;

1. Injury photographs of the medical certificate of diagnosis (the victim sustained injury from the police to the court, consistently with the head of the beer’s disease, and with the bones of the cocoon receiving beer residues, and teared;

The statement has been made, and it can be sufficiently reliable in detail and in detail.

Some of witness G and H's legal statements are also supported by victim's statements.

There are parts different from the victim’s statement in part of the legal statement of one Part G and H, which was under the influence of G and H at the time. The instant crime occurred between the Defendant and the victim in the instant case and was under the influence of alcohol, and thus, it is difficult to believe the part different from the victim’s statement as it is, because it was difficult to view the situation at the time or was likely to have made mistake

In addition, the defendant asserts that the upper part of the part of the victim's nose was protruding on the floor, such as beer flick, but can cause a heat to the victim's nose because of the stalle glass wave.

Even if so, it is difficult to understand that the bones has been laid off due to it, and some of H's statements consistent with the above defendant's statements are made in court.

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