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(영문) 부산지방법원 2016.03.10 2015고단8716
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 26, 2015, the defendant was sentenced to one year of imprisonment with prison labor for special assault in Busan District Court on November 26, 2015, and is currently pending in the same court.

1. On October 28, 2015, the Defendant: (a) at an advertising company run by the victim P in Busan (O) which had a usual transactional relationship around 12:00, the Defendant: (b) expressed a brut view on the ground that the Defendant did not bring about his or her own demand while entering into a dispute with R, which is an employee of the victim; and (c) brut the Plaintiff’s advertising company’s operation of the victim P’s advertising company by force on the ground that he or she did not bring about his or her own demand; and (d) brut the Plaintiff’s 30 minutes of a brut, fluor, monitor, etc. by taking advantage of his or her client’s interest.

2. 특수 상해 피고인은 제 1 항에 기재된 일시, 장소에서 그와 같이 행패를 부리던 중 자신이 깨뜨려 그곳에 있던 위험한 물건인 탁자 유리조각을 한 손에 쥔 채로 다른 손으로 주먹을 쥐고는 피해자 R의 얼굴을 때려 위 피해자에게 약 2 주간의 치료가 필요한 코 외피의 열린 상처 등을 가하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement on P and R;

1. A report on internal investigation (on-site photographs, etc.), each photograph, each investigation report, a quotation to be attached, a medical certificate (No. 7 to 10, 12), and a medical certificate;

1. Previous convictions in the judgment: (B) a response to inquiry about criminal history, report on investigation (Attachment to the judgment of the same kind as the suspect), application of Acts and subordinate statutes to each written judgment;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment with prison labor) concerning the crime;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes is considerably poor.

In addition, the defendant commits the same crime as the crime of this case.

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