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(영문) 서울남부지방법원 2015.01.09 2014고단3952
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

The seized certificate No. 1 (one knife) shall be confiscated.

Reasons

Punishment of the crime

At around 16:30 on October 21, 2014, the Defendant was disputing the victim E (the age of 47) who had worked together before Yeongdeungpo-gu Seoul, Yeongdeungpo-gu with the Defendant’s wage problem, and then kacknaf (15cm in total length, 8cm in knife length), which is a dangerous object that was driven by the Defendant’s Hemn dancing, is taken off, and kacknaf (8cm in total length) is called “hicker” and knife with the victim E, knife the victim E one time left side of the victim E, and knife knife F (47 years old) of the victim F (the age of 47).

As a result, the Defendant carried dangerous things and carried them about two weeks to the victim E, and inflicted injury on the victim F by distribution on the victim F, who requires approximately two weeks of medical treatment. In addition, the Defendant inflicted on the victim E the injury on the victim F, such as a scarcity and a scarcity, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. G statements;

1. Records of seizure and the list of seizure;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to an investigation report;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 48(1) of the Confiscation Criminal Act asserts that the crime of this case was committed by the defendant while the defendant was assaulted by the victims and their behaviors, and constitutes excessive defense.

However, in full view of the circumstances acknowledged by the aforementioned evidence at the time of the instant crime, the circumstances surrounding the Defendant’s act by using dangerous articles to the victims, etc., it is difficult to view the Defendant’s act as a mixed act with the intent of attack and the intent of defense at least, and it is basically difficult to view it as an act of defense. Accordingly, the Defendant and the Defendant on different premise.

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