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(영문) 부산지방법원 2012.12.06 2012고단8948
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around 20:00 on October 20, 2012, the Defendant: (a) reported the victim D (at 49 years of age) who is an employee of the Defendant’s factory, and the Defendant’s living together, drinking alcohol together with E while drinking alcohol; (b) provided bathing to E; (c) caused the victim’s breath to live together; and (d) caused the breath to live together with the Defendant, on the ground that the said breath to the Defendant’s plant operation, the Defendant brought about one of the dangerous things stored in the Defendant’s factory (72 m in length) and tried to interfere with the part of the Defendant’s body, such as the victim’s hair, and obstructed the victim’s body by making the head of the said breath in line with the victim’s body, and thereby preventing the victim from selling it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports, accompanying photographs, and written diagnosis of injury;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture is that the defendant uses the camping net, which is a dangerous object, and the victim's head is faced with the right part of the victim's right part, thereby getting back the victim.

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