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(영문) 대구지방법원 포항지원 2016.04.06 2015고단983
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a building business operator who has been performing construction works for commercial buildings in the victim C(45).

At around 11:00 on August 17, 2015, the Defendant found the victim’s building located in North Korea-gu, North Korea-gu, and resisted that the victim reversed the contract with the Defendant and claimed compensation for damages. The Defendant, by hand, brought about a substitute seat ( approximately 80cm, approximately 10cm in width, about 3cm in thickness), which is a dangerous object that was 10 seconds and was on the part of the victim, at about 10 seconds and 10cm in width, and caused the victim’s injury, such as brain, etc., which requires approximately two-day medical treatment.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement made by C by the witness in the third public trial protocol;

1. Statement of witness E in the fourth public trial protocol;

1. A copy of an injury diagnosis certificate or medical record;

1. Application of Acts and subordinate statutes to the site and on-site photographs of the upper part thereof, and of an acting seat photograph;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

D. Unfavorable circumstances: The degree of injury is relatively minor, there is no criminal punishment exceeding fine, and there is no same record except for the previous offense of fine not exceeding 30 years prior to the 30-year fine.

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