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(영문) 대구지방법원 경주지원 2013.10.01 2013고단451
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around June 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), around 16:30 on June 12, 2013, at the construction site of the river basin at the time of the restoration of the river water, and the Defendant inflicted an injury on the victim E (hereinafter referred to as 1.5 meters in length), who was working at the above restoration site, to the narrow access road in front of the Defendant’s house due to the above restoration work, such as a hump (1.5 meters in length), a hump (1.5 meters in length), a hump (40 centimeters in length), and a hump (40 centimeters in length), a hump, which would have the right side of the victim E, such as it is impossible to know the number of days of treatment for the victim E, etc.

2. The injured Defendant, on the grounds stated in paragraph (1) at the date, at the place, and in paragraph (1) at the same time, caused the victim F (F, South and fifty years of age) to fall off to a river floor at a height of about 2 meters, thereby causing injury to the victim for about three weeks, such as cerebral sye, in need of treatment.

3. On June 12, 2013, at around 16:30 on May 12, 2013, the Defendant obstructed the Defendant’s business operation by force over about 30 minutes, such as causing injury to his father, E, and F at the construction site for the restoration of the river at the time of the restoration of the river in the Sin-si, Sin-si, the Defendant interfered with the restoration work carried out on the two north sides of the Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and F;

1. Nine degrees of photographs of the offender and damaged parts;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of injury, the choice of imprisonment with labor), Article 314 (1) of the Criminal Act (the point of interference with business and the

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. The degree of damage under Article 62(1) of the Criminal Act is relatively limited.

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