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(영문) 수원지방법원 2014.10.15 2014고단3789

폭행등

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 of the final judgment.

Reasons

Punishment of the crime

1. Around 10:00 on May 17, 2014, the Defendant assaulted the victim E (the age of 43) who was the president of the said company within the D factory located in Sungsung-si, with regard to retirement allowance for the victim E (the age of 43), who was in his/her workplace, one time, with the victim’s right side brus and brus together, and with the victim’s brus that were in his/her workplace.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해) 피고인은 2014. 5. 29 09:25분경 제1항 기재 D 공장 내에서 위 E이 지시한 철골 해체작업을 하던 중, 그 사실을 모르던 공장장인 피해자 F(56세)이 피고인에게 철골구조 페인트 작업을 지시하자 "나에게 또다시 작업지시를 하느냐."면서 격분하여 그곳 공장 내부에 있던 위험한 물건인 'ㄷ'자형 철골 형강(길이 60cm)을 집어 들어 피해자의 왼쪽 팔굼치 위부분을 가격하고, 계속하여 공장 내부에 있던 쇠파이프(길이 60cm, 직경2.5cm)를 집어 들어 피해자의 왼쪽 허벅지와 오른손 손등을 각각 1회 때려 치료기간 미상의 타박상 및 손목의 골절상 등을 가하였다.

3. Around 09:50 minutes of May 29, 2014, the Defendant collected piracys, which are dangerous objects inside the above factory, and parked outside the factory, for the same reasons as that of paragraph (2) of Article 2 of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) and damaged them by means of the operation seat and the chief beam of Gpoter vehicle owned by the above damaged company, which is a vehicle owned by the above damaged company, and the above damaged the Gpoter vehicle by using the c. 'c. 3' type iron-frame (60cm in length), which is an object dangerous to radio mortars owned by the above victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Relevant provisions of Article 260(1) of the Criminal Act concerning criminal facts, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act.