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(영문) 수원지방법원 성남지원 2015.03.12 2014고단3136
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 08:40 on June 25, 2014, the Defendant: (a) told the victim D to “the wage” at the site of the construction of a new building and so on; (b) however, the Defendant told the victim that “I would like to receive money from the company because I would have to go to the company, I would like to read “I would like to go to the company, I would like to receive money on a monthly pay; (c) I would like to read “I would am, I would am son, I would am son.” and, at the same time, I would like to cut off the victim’s right end by gathering an empty disease, which is a dangerous thing that was located there.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as a head cover for about 14 days in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

2. Examination protocol of police suspect regarding D;

3. Statement of the police statement of E;

4. Application of Acts and subordinate statutes to investigation reports (as to submission of D's death diagnosis reports);

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of crime, points agreed with the victim, degree of injury, etc.);

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