(영문) 수원지방법원 2013.11.08 2012고단6358

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(영문) 수원지방법원 2013.11.08 2012고단6358

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

Criminal facts

On August 21, 2012, the Defendant: (a) around 23:00, at the top room of the “F” underground, operated by the victim E (the 44 years of age) located in Yongsan-si; (b) the Defendant decided to sell the first floor of the H building owned in front of G Station to the victim; and (c) received KRW 200 million under the pretext of contract deposit; and (d) has been in dispute with the victim as a matter of return of contract deposit, the Defendant heard verbal language, “Ig, this spatha spatha,” which reads the victim’s verbal abuse, “Ig, this spatha spatha spath,” which reads the victim’s head, one time, and carried out two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Legal statement of a witness I;

1. A E-document;

1. Statement to E by the police;

1. E statement among the police interrogation protocol of the accused;

1. Determination of the Defendant and the defense counsel’s assertion

1. The summary of the argument was the fact that the defendant had met the victim at the time and place indicated in the facts charged, but at the time, the victim demanded the defendant to pay additional KRW 40 million in addition to the return of the down payment of KRW 200 million. During that process, the victim abused the defendant himself/herself, who embling him/herself and embling him/herself with beer's disease, and the defendant did not have been able to get the victim's head on account of beer's disease

2. The following circumstances revealed by the evidence of this case, i.e., (i) the victim made a consistent and clear statement from the first statement to the present court, and (ii) the victim took a bath to the defendant at the time, and thus, the defendant made a statement that the head of the victim was computed by gathering an empty beer who was on a locker, and the defendant made a relatively consistent statement about the situation or circumstances before and after the commission of the crime, and (iii) the credibility of the statement is in conflict with this.

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