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(영문) 춘천지방법원 2013.11.19 2012고단1342
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On August 18, 2012, at around 00:20, the Defendant: (a) informed the Defendant’s wife F, F’s friendship victim G (n, 41 years old) and H, the victim’s seat while drinking alcohol in the column of the trade name “E, operated by the Defendant in Switzerland-si, Chuncheon-si,” and (b) informed the Defendant of a dispute with the victim as a matter of the name of F, F, F, and H, the victim’s seat, which is the victim’s seat; and (c) caused the injury to the victim, by gathering the f, which is a dangerous object on the customer’s seat, and f, caused the Defendant to suffer about four weeks of medical treatment.

Summary of Evidence

1. Witnesses G and I's respective legal statements;

1. The prosecutor's office and the police's statement concerning G;

1. G statements;

1. Each investigation report (general, submission of photographs of damaged parts, etc.);

1. A report on the field of violence;

1. A medical certificate submitted to the victim G, a copy of the medical record submitted to the victim G, and a list of reported cases;

1. Determination on the victim's side pictures taken by police officers visiting the scene, the defendant, and his/her defense counsel's assertion

1. The defendant and his defense counsel asserted that at the time of the instant case, the defendant did not inflict any injury on the victim as he was suffering from the victim's illness, and the victim had been faced with others at other places.

2. The following facts are acknowledged according to the evidence in the summary column of the evidence prior to the facts charged.

A. At around 20:00 on August 17, 2012, the victim received a communication from the Defendant to drink alcohol as an E warehouse operated by the Defendant, and drinks alcohol with the Defendant’s wife and the Defendant’s wifeF, employees of the two fraternity, etc. as the warehouse of the two fraternity together with the E-guJ.

B. However, at the time of August 18, 2012, J and L moved first to Korea on or before 00:20, and around the time when the Defendant’s wife F went out to leave Korea to abandon waste, the question of title to H, which is the victim’s seat, between the Defendant and the victim, became a dispute.

C. On August 18, 2012, around 00:44, at around 112, the victim reported that it would have been obtained from the Defendant.

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