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(영문) 서울남부지방법원 2014.09.25 2014고단1105
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a member of the D church’s “E” or “F”.

1. On December 29, 2013, the injured Defendant: (a) obstructed the entry of the members of the “H”, who are the opposing members of the church, in the third floor of the Diplomatic Association located in Yangcheon-gu Seoul Metropolitan Government, from entering the church; (b) obstructed the breath of the victim I (the age of 68) who was the opposing members of the church; and (c) obstructed the escape of the victim I (the age of 68).

Accordingly, the defendant was suffering from a scarcity that needs to be treated for about 28 days to the victim.

2. On January 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) and the Punishment of Violences, etc. Act (joint assault) and attempted to enter the same as the second floor distribution in which the opposite believers is gathered from the stairs front of the second floor of the above church, and came to a spawn with the opposite wave to prevent the same.

The Defendant, together with J, K, L, M, and N, who is one of the same strikes.

A. The Defendant sets the shoulder of the victim O (the age of 39) who is a opposite wave, and J and K pushing the victim, and M and N bring the victim into a dun and a dun, with about 14 days in need of medical treatment, in order to bring the victim into a dun and below the stairs;

B. The Defendant gets up the victim P(58 years old), etc. who is a opposite sect, and K takes up the victim’s side fright, and J takes up the victim’s both descendants, and the chest booms, which requires a treatment of about 14 days for the victim’s 14 days;

C. The Defendant: (a) pushed the victim Q(54 years of age) in Q(54); and (b) committed violence following the victim’s following the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Examination protocol of the accused by prosecution;

1. Each police statement of theO, P, and Q;

1. Application of the Acts and subordinate statutes on photographs by cutting off the dynamic image to six photographs, on-site photographs, and by cutting off the dynamic image;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) against a crime;

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