beta
(영문) 인천지방법원 부천지원 2013.11.15 2013고단1111

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:51 on April 27, 2013, the Defendant: (a) stated that the victim F (38 years of age) who is an employee of the same Defendant, talks with the Defendant about the payment and salary specifications of the Defendant at the “E” restaurant located on the first floor of Seocheon-gu, Seocheon-gu D, Seocheon-gu; (b) stated the victim’s head by hand, putting the victim’s head on hand, and putting the victim’s head on hand, putting the victim’s head on hand, and putting the victim’s head on hand, putting the victim’s head on hand, putting the victim’s face with other small-scale soldiers on the table of the above small-scale group. (c) The above small-scale illness was also hicked with other small-scale soldiers on the table. (d) The victim’s head and hicked the victim’s face into the victim’s left part.

Accordingly, the defendant suffered damage to the victim's reputation that needs to be treated for about 14 days.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement of each police statement related to F and G;

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

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 (i.e., the confession of and reflects on the instant crime, the deposit of KRW 15 million for the victim even though it was not agreed upon, and the deposit of KRW 15 million for the victim, the fact that there is no other criminal record, except for a punishment once by a long fine, and the degree of injury suffered by the victim is not very serious; and all other extenuating circumstances);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act regarding the order to provide community service;