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(영문) 대전지방법원 천안지원 2015.07.27 2015고단467
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 November 17, 2013, the Defendant had been working in the same manpower office as the victim C (the age of 44). On November 17, 2013, the Defendant had an oral dispute with the head of the said manpower office and had the intent to assault the head of the manpower office under the influence of alcohol. On November 23, 2013, the Defendant assaulted the victim’s right side part of the steel scrap pipe (1 meter in length, 4cm in diameter), which is a dangerous object, by being aware that the victim was the head of the manpower office.

As a result, the defendant put the victim into a double wall that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act suspended execution.

1. The reasons for the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture [decision of types] for the punishment of habitual injury, repeated injury, and special injury [Special Contributor] - In the case where punishment of bodily injury (including serious efforts to recover damage) minor mitigation elements is not granted or considerable damage is recovered (decision of recommending area] special mitigation area / [decision of recommending area] September through February 6 / [decision of recommending area] Special mitigation area / [decision of recommending area] Special mitigation area / 9 months to February / 26 / although the crime of this case appears to have occurred by contingency, the degree of injury is relatively minor, and the victim does not want the punishment of the defendant by agreement with the victim.

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