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(영문) 수원지방법원 여주지원 2015.02.13 2015고단6
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a foreign worker of Chinese nationality, who lives together with the victim E (the age of 44, E) who is a partner in the dormitory of the D Company in E-si, Leecheon-si.

1. On December 27, 2014, the Defendant: (a) around 20:00 on December 27, 2014, at the place of residence of the head of the work team leader of the company located in the Hashbuk-gun F, the Defendant laid down the chest part from the victim; (b) the Defendant laid down the wall ( approximately 20cm in length x 10cm) that is a dangerous object that was adjacent to the main gate, and laid down the part of the victim’s eaves part, which was treated as the number of days; and (c) the Defendant laid down the part on the part of the head of the work team leader G of the company located in the Hahbuk-gunF.

2. The Defendant committed the crime on January 5, 2015, as set forth in paragraph (1), had a mind to inflict an injury on the victim who was assaulted by the victim. On January 5, 2015, on or around January 5, 2015, around 16:30, the Defendant put in the front of the accommodation of the said company, a dangerous object that was prepared in advance ( approximately 10cm in the blade length) and the face ( approximately 26cm in the length) and brought about the victim.

In addition, the defendant found the victim who has been deprived of, and tried to inflict an injury on the victim's left side part of the victim's right side by leaving the above excessive fiff where the victim is coming to the right side of the victim, but the victim was attempted to avoid this and immediately leave the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, H, G, and I;

1. A report on investigation (a criminal investigation into enemy stones used by a suspect);

1. Application of photographic Acts and subordinate statutes, such as criminal implements;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the occupation of an injury to carry a dangerous article), Article 6 of the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the attempted possession of an injury to carry a dangerous article);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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