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(영문) 창원지방법원 2014.01.08 2013고단3593

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On July 16, 2013, the Defendant, who violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) : (a) 3:15 on the ground that he/she was seated in the mash in Kimhae-si, Kim Jong-si, and drinking alcohol, he/she saw 3:4 times the face part of the victim's face, 3:4 times the victim's breath, and 2: (b) the victim's face when he/she faces her face with a throth (30cm in length).

2. On September 11, 2013, around 13:00, the Defendant was unable to avoid disturbance for about one hour for 12 construction workers, including the victim G, on the ground that the Defendant did not grant compensation due to noise at the construction site of the F Transmission Station in Kimhae-si, for the construction site of the F Transmission Station in Kimhae-si.

Accordingly, the Defendant interfered with the victim's new construction work by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Police seizure records;

1. Investigation report (the results of appraisal commission and face-to-face criminal investigation by the standing panel);

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the selection of imprisonment with labor);

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

3. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances leading to the instant crime, the details leading to the instant crime, the fact that the Defendant agreed with the victim D, the fact that the Defendant’s mistake is against the Defendant, the health status of

4. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation).

5. Probation of the Criminal Act;

6. It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 48(1) of the Criminal Act.