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(영문) 대전지방법원 2015.12.24 2015고단2332
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) reported the assembly from around June 26, 2015 to the Daejeon Branch C of the Cargo Joint and Several Offices C, and was holding an assembly against the unfair dismissal of the cargo joint and several staff members.

On July 3, 2015, the Defendant: (a) at the entrance of the E’s door-to-door located in Daejeon Sung-gu, Daejeon, at around 04:45, reported that the victim F (the age of 45), who is not a cargo solidarity, was engaged in preparing to load and unload cargo while driving G freight; (b) the above victim was the victim, who was said to be “We was dismissed, whether you are flaged, for whom he would be paid, for whom he would be flag, and for whom he would be paid, flag,” and was flaged with the driver’s seat of the above vehicle with the piracy (the length of 1m 20cm) which is a dangerous object being flaged.

This led to the victim's 14-day medical treatment, such as the left side of the 14-day medical treatment, the inspection, and the left side of the entrance.

2. From around 04:50 on the same day as Paragraph 1, the Defendant: (a) got off a book of office work equivalent to KRW 100,000 at the market price managed by the Victim H, which was located there, due to the said day, on the ground that the said day is bad.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, I, and J;

1. A written statement;

1. Each photograph (No. 2, 12) of evidence;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning the punishment of crimes;

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

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

1. Suspension of execution is 4 times the fine for the reason of sentencing under Article 62(1) of the Criminal Act.

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