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(영문) 대전지방법원 2015.04.15 2015고단42
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

The defendant is a dump truck driver, and the victim C(53 years of age) is an engineering work businessman, and is a high-speed line and a post-age relationship.

On December 26, 2014, around 21:58, the Defendant brought a wooden atmosphere (92 cm in length, 3.5 cm in diameter) which is a dangerous object on the road, and brought an dispute over the issue of payment of overdue wages with the victim in front of the Ecafeteria located in Daejeon Jung-gu, Daejeon, Daejeon, and brought a single head of the victim.

As a result, the Defendant inflicted an injury on the victim, such as an open wound, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. On-site and victim photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Consideration, agreement, details of partial crimes, etc.);

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