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(영문) 대전지방법원 서산지원 2013.12.13 2012고단1123
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 4, 2009, the defendant was sentenced to three years of imprisonment or five years of suspended execution due to rape, injury, etc. at the District Court of the Republic of Korea on September 4, 2009, and the judgment becomes final and conclusive on the 12th of

At around 18:00 on April 18, 201, the Defendant expressed the victim E (the age of 41) who is the team leader at the construction site located in Seosan City C in order to find out that the Defendant was not in the designated construction site and that the Defendant was in another area because the area in charge of the construction project allocated at the construction site at the said construction site was not in mind and was dissatisfied with the other area, and expressed the victim’s desire to “Ign it necessary to grow up.”

Therefore, the victim returned to the defendant "I am in accordance with his mind," and the defendant carried the victim's left hand and breath with the victim's left hand.

At this time, the Defendant, who was removed from the surrounding area, was exempted from the safety appearance again, was laid off with the victim’s left hand, etc., followed by the victim’s boat once, the victim’s boat was cut off by an open engine, and the string of the rectangular type, which is a dangerous object, was laid down with both hand, and the victim was placed with the poppy ( approximately 80 centimeters in length, about 25 kilograms in weight) and the victim avoided it.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of witness F and E;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Photographs;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is to be agreed upon by the defendant with the victim at KRW 2 million, and up to 1.8 million until now.

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