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(영문) 창원지방법원 진주지원 2017.11.24 2017고단900
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 18, 2017, around 09:10, the Defendant assaulted the victim’s face at around 09:10, at the quality assurance team office in Sacheon-si, Sacheon-si, “D Co., Ltd.” (hereinafter “D Co., Ltd.”), when the victim E(41) and defective product products were in dispute with the victim’s face, and the victim’s face was revealed. As such, the Defendant satisfed with the Defendant’s drinking at one time.

2. Around 09:20 on July 18, 2017, the Defendant: (a) transferred to the factory of the said company, and (b) reported that the victimized person did talk with the immediately preceding Defendant on fighting with the said company; and (c) carried the dangerous things in the said factory (the length, weight 68cc, 2.2kg, street 6cc, 7cm in length) and shocked the victim’s left arms when she followed the said plant; (d) the Defendant sprinked the victim’s back at the time when she fell under each of the above items; and (e) carried the parts after the damaged person’s seated one time, carried the dangerous things, and caused the injury, such as the cutting of the upper frame that requires treatment for about 70 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written diagnosis;

1. Each police statement made to E, F, G, and H;

1. Deficial photo of an injury;

1. Police seizure records;

1. Application of Acts and subordinate statutes on photographs;

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act that govern the crime, the choice of punishment, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Taking into account the following circumstances: (a) the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Punishment of Violences, Etc. (an aggravated punishment for concurrent crimes prescribed by the special injury with heavy punishment) on January 6, 2016; (b) the sentencing guidelines for crimes to which Article 3(1) of the Act on the Punishment of Violences, Etc. applies are two to four years (basic areas) and four years; (c) the method is dangerous; (d) the Defendant’s deposit of KRW 10 million in each item; and (e) the Defendant’s deposit of KRW 10 million falls short of recovery from damage.

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