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(영문) 광주지방법원 2015.10.08 2015고단1011
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is a gold-free shop production worker who belongs to the second trade union, and the victim C(34 years of age) is a person who was a member of the same company.

On January 7, 2015, at the F Hospital funeral hall in Gwangju-gu, Gwangju-gu, the Defendant 2:00, told the victim who had talked with dynamics about the issue of the compensation for bereaved families of Go (accident) who was working in the workplace, but took a view of the victim's attitude of disregarding himself, and led the victim to twice the head of the victim's head on his hand. In addition, the Defendant saw the victim's back head one time by gathering the fluor's disease, which is a dangerous object that was at the risk of the victim's removal.

As a result, the Defendant got two-time medical treatment to the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the prosecutor and the police accused;

1. Each statement made by a public prosecutor or police officer against H and C;

1. Application of Acts and subordinate statutes, such as field evidence photographs, photographs, death diagnoses, and medical certificates (Evidence Nos. 1, 5, 7, 9);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) category 1 (Habitual Injury, Bodily Injury, Bodily Injury, Special Bodily Injury) (1 year to 2 months) (1 year and 2 months) (2 year and 6 months) of the mitigation area (1 year and 1 year and 2 months) of the mitigated area; (b) minor injury (a decision of a sentence ] of the victim resulting from the instant case, the victim suffered two weeks of the injury requiring medical treatment

After the instant case, the victim committed suicide on the grounds of direct and indirect reasons, etc.

The defendant deposited 10 million won for the bereaved family members of the victim.

Defendant is subject to a fine or less severe punishment.

In addition, this case.

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