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(영문) 광주지방법원 목포지원 2016.09.02 2015고단706
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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the application of the Gwangju District Court Branch on the part of the Defendant. The judgment became final and conclusive on the 17th of the same month.

【Criminal Facts】

The defendant and the victim D(39 years of age) are those who worked as seafarers of G (15 tons) fishing boat E (15 tons) in the Yannam-gun, Yannam-gun.

1. Violence;

A. A. Around July 1, 2013, the Defendant committed the crime, around July 1, 2013, committed assaulting the victim’s left face five times with his/her hand on the E players deck in operation on the sea of four-day radius Fwest-gun, Jeonnam-gun, Haan-gun, for the reason that the victim is dissatisfied with his/her work.

B. Around July 2, 2013, the Defendant committed the crime, around July 2, 2013, assaulted the victim’s left face five times on the part of the victim’s hand on the E player deck in operation on the sea of four-math day of the west-gun, Nanannam-gun, Nannam-gun, for the reason that the victim’s work is contested.

C. Around July 3, 2013, the Defendant committed the crime: (a) around July 3, 2013, the Defendant assaulted the victim’s face at five times by her hand on the E player deck in operation at the sea of four-day west-gun, Jeonnam-gun; and (b) on the ground that the victim is dissatisfied with his/her work.

Around July 4, 2013, the Defendant committed the crime on July 4, 2013, the Defendant assaulted the victim’s face at least six times on the E player deck in operation on the sea of four-day Fwest-gun, Jeonnam-gun, Seoul, for the reason that the victim is dissatisfied with his/her work.

2. 특수상해 피고인은 2013. 8. 6. 10:00경 전남 신안군 F 선착장에서 그물 손질 작업 중 피해자에게 물건을 치우라고 지시하였으나 피해자가 이를 이행하지 않자 순간적으로 격분하여, 선착장 바닥에 있던 위험한 물건인 돌을 피해자의 얼굴을 향해 집어 던져, 피해자에게 약 3주간의 치료가 필요한 귓바퀴 혈종 등의 상해를 가하였다.

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

Summary of Evidence

1. The defendant's partial statement in court;

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