beta
(영문) 대구지방법원 경주지원 2013.09.16 2013고단435

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

On November 24, 2012, the Defendant: (a) around 09:00 on the construction site of “D” located in P, on the following occasions: (b) around 09:00 on November 24, 2012; (c) on the ground that the victim E (the 59-year-old age), the president of the Working Group, carried out excessive work instructions, and dumped the victim’s sponsed the bended fish floor by cutting down the blap; (d) the brick (a) which is a dangerous object located therein, 5 cm, 10 cm in length, 20 cm in height; and (e) caused injury to the victim, such as double heat, which requires approximately three weeks of

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of each statute on 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the favorable circumstances).

The Institute of Jind Co., Ltd.