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(영문) 광주지방법원 장흥지원 2013.10.10 2013고단135
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:30 on May 8, 2013, the Defendant: (a) sent the victim D (the 38 years of age) who is a driver of scke and dump truck to load soil; and (b) sent the dump truck with a bath by using a insertion (the total length of 93 cm, the 22 cm in length) which is a dangerous object being kept in a dump truck, and then added the victim’s left part of the dump driver’s seat one time as a part of the dump inserted day; and (b) the Defendant sold the dump and the dump of the dump, etc. of the dump truck, which requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a medical certificate of injury of a victim);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that a person commits a crime and commits a crime against his/her wrongness, the fact that the degree of injury is relatively minor, the fact that an agreement has been made with the victim, and that there exists no history of punishment heavier than

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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