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(영문) 춘천지방법원 원주지원 2014.02.11 2013고단760
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:30 on September 14, 2013, the Defendant: (a) placed the victim E (n.e., the ice of plastic material, which is a dangerous object in a customer, and was in a customer’s face, caused injury to the victim, such as a snow pool for about three weeks of snow therapy and open room around the snow.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Relevant photographs, internal reports (Attachment of a photograph of damage), and photographs attached thereto, investigation reports (Attachment of a medical certificate), and the application of statutes on attached documents;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration, reflectiveness, agreement, etc.);

1. On the issue of Article 62(1) of the Criminal Act, the Defendant asserts to the effect that even though the Defendant tried to ice throughout the victim at the time of the instant case, the Defendant did not have an intention to inflict injury on the victim by ice fice fice fices.

However, in light of the developments and place of the instant case, the distance between the Defendant and the victim, the degree of injury to the victim, the circumstances immediately after the instant case (in particular, the Defendant had been aware of the fact that the Defendant was the victim’s ice immediately after the ice ice fice fice fice fice fice fice, etc.), etc., the Defendant is deemed to have had the perception and intent of injury corresponding to the facts charged in the instant case at the time.

Furthermore, the witness G's legal statement is believed in light of the relation between the defendant and G, the identity of G's memory, the penology of the statement, etc.

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