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(영문) 대구지방법원 상주지원 2014.08.19 2014고단252
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

Punishment of the crime

At around 14:45 on June 2, 2014, the Defendant: (a) brought the victim E (the aged 48) who is the head of the working group in C, on the ground that he/she took a half-yearly and bath to himself/herself; (b) took a part of the high-tension washing pipe for cleaning, which is a dangerous object in his/her office, for the reason that he/she took a half-yearly and bath to himself/herself (the length is 72 cm); and (c) taken the back part of the victim on one occasion, brought about about about 17 days after the victim needs medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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 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. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area of habitual injury, repeated crime injury, special injury (Habitual injury, repeated crime injury, special injury) [Special Mitigation] [Special Mitigation Decision] The defendant's refusal to punish [Special Mitigation Decision] is the defendant's agreement smoothly with the victim, and the defendant's age, character, conduct and environment, motive, means, means and result of the crime, etc. are considered in consideration of the conditions of sentencing as shown in the argument of the instant case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime.

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