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(영문) 대전지방법원 서산지원 2015.06.12 2014고단1108
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

On October 24, 2014, at around 13:30 on October 24, 2014, the Defendant: (a) cited four strings at the close wing storage room at D land construction site in Jinjin-si, D land construction site; and (b) the victim E (the age of 51) who is responsible for management (the age of 51) proposed that the victim E (the age of 51) who is a manager of the company should bring about only 10,00 at one time a close string in accordance with the company’s policy, which is dangerous thing due to chemicalization (the 30 cm, weight of 15 km), was the victim, and caused the victim’s injury, such as the middle dyke, which requires approximately 4 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. Articles 3 (1), 2 (1) 3, and 257 (1) of the Act on the Punishment of Violences, etc. of Specific Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. As to the Defendant’s assertion on Article 62-2 of the Probation Criminal Act, the Defendant asserts that there was no intention of injury, even though there was a fact that he was a side of the flag as the flag was enlarged, the victim did not have been melting the flag.

According to the victim F's legal statement, it is sufficiently recognized that the defendant was able to get the victim to point out of the victim, and the victim was able to take a bath while making a boom, and the victim was able to take a boom. ② Since the booming salary, which the defendant faced with the victim, is 15 km or less, it would be difficult for the victim to reach the degree of the victim's hand, as argued by the defendant, when the booming salary is opened to the victim, it would be difficult to reach the victim's hand, ③ The victim made a false statement, but the victim already expressed his intention not to want the defendant's punishment by mutual agreement with the defendant.

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