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(영문) 서울북부지방법원 2015.11.24 2015고단1328
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On December 30, 2014, at around 05:25, the Defendant 05:25, at the “D” drinking house located in Jungdong-gu Seoul Metropolitan Government, she was in drinking with the victim E (the age of 43) due to the drinking value, and she was in drinking with a odor on the table due to the drinking value, and she was in drinking with a beer disease, which is a dangerous object.

As a result, the defendant carried dangerous things and put the victim into the opening of the left part of the treatment days.

Summary of Evidence

Article 314 of the Criminal Procedure Act does not recognize admissibility of evidence on the ground that the police statement of E does not constitute “when it is impossible to make a statement due to unknown whereabouts or any other similar cause” under Article 314 of the Criminal Procedure Act, even though the defendant, who denies the facts charged, did not peep into force even though there were special circumstances where he/she could not cross-examine the defendant who denies the facts charged, and even though he/she fully made efforts to attend the court, it is difficult to deem that the circumstance was inevitable to make a statement impossible

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. On-site photographs;

1. The investigation report (victim's body photograph) and the victim's photograph do not contain a hacker or beer's photograph, and the victim's photograph did not throw a smell with the victim or beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer and beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's bet.

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