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(영문) 부산지방법원 동부지원 2014.04.09 2014고단161
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

At around 08:30 on December 11, 2013, the Defendant, at the work site of Da (ju), located in the Busan metropolitan area C, and on the ground that the victim E (n, 47 years of age) interfered with the Defendant’s work, inflicted injury on the victim’s cerebral sugar that needs to be treated for about two weeks by using plastic materials in the shape of an atomic boom (4cm diameter, 80cm in length), which is an object dangerous to the Defendant’s work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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