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(영문) 대구지방법원 포항지원 2016.01.21 2015고단1017
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

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

On May 24, 2015, at around 09:10, the Defendant, at the E-site office operated by D Co., Ltd. in Ulleung-gun, discussed complaints about the progress of the construction in the arbitration to the president of the sub-project and the victim F (30 years old) of the on-site agent, who had been a Si expenses, as a material problem in the E-site office performed by D Co., Ltd., and entered the victim with approximately 15 days near the part of the land, which requires medical treatment, on the ground that the victim did not hear himself/herself, and was the president.

Accordingly, the Defendant sustained an injury to the victim by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to report on investigation (in the scene of damage and photographs of deadly weapons);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Consideration of protection and observation and circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that the defendant, who was a steel processor, was faced with a victim and was physically at the risk of injury, the defendant did not agree with or pay for damage to the victim, the circumstances where the victim was committed several times, including probation, do not seem to be particularly heavy: The degree of injury does not seem to be particularly significant; the crime is committed; there is a violation of mistake while recognizing all of the crimes; there is no criminal record of punishment exceeding a fine, except for those subject to suspended sentence once every six years prior to the six years prior to the suspension of execution;

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