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(영문) 대전지방법원 서산지원 2014.11.20 2014고단536
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

At around 15:40 on June 5, 2014, the Defendant, while working in D Co., Ltd., located in D Co., Ltd., which had been working in D Co., Ltd., on the 15:40 on the 15:40 on the 15.6. 5., on the ground that the victim E (the age of 32) taken photographs of his/her side board, he/she sawd the victim's face by drinking booming the victim's face, cutting back the victim's face several times with drinking and hand booming the victim's face, and laid down the safety bom that the victim wears, and then he/she collected the victim's head from the victim's head. 3:4 times again, the part of the victim's arms was 90cm in the factory.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as hair hair, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A photographs of damaged parts, crime tools, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act is as follows: (a) the mitigated area (one year and six months to six months), the mitigated area (including a person who has been specially mitigated), the penalty not (including a serious effort to recover damage), or where considerable damage has been recovered (a decision of a sentence] the defendant agreed smoothly with the victim as the compensation of the victim and the workplace; (b) the defendant agreed smoothly with the victim; (c) there was no criminal record of having been punished for violent crimes; and (d) the various sentencing conditions specified in the records and arguments of this case shall be determined as the same sentence as the order.

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