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(영문) 울산지방법원 2014.02.20 2013고단3769
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a field manager of D in Ulsan-gun C, and the victim E (the age of 37) is an employee of the above D.

At around 18:20 on September 10, 2013, the Defendant: (a) inflicted an injury on the part of the victim, i.e., the Lergato (20cm in length) which is a dangerous object in possession of a chemical in dispute with the victim, on the ground that the victim was fluoring out of the work site; and (b) on the part of the victim, one occasion, the Defendant inflicted on the victim, who was in danger of being in possession of a chemical in dispute with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing below);

1. Probation and community service order Article 62-2 of the Criminal Act (In light of the criminal records, the method of committing the instant crime, the degree of damage to victims, etc., it is reasonable to impose a certain period of community service in order for the Defendant to return to sound social members.) The reason for sentencing is that the instant crime was committed against foreign workers, and the Defendant’s act of inflicting serious bodily injury on the victim with dangerous dangerous weapons without providing the victim’s motive for committing the crime is highly likely to be subject to criticism.

If foreign workers do not have legal protection in relation to these serious criminal acts, the protection of human rights of foreign workers can be placed in a blind spot, and this situation is not only the personal damage of one worker, but also the public opinion on the degree of protection of human rights for foreign workers in Korea is expanded.

However, in this case, the defendant's medical expenses of 2 million won for the victim.

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