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(영문) 광주지방법원 목포지원 2014.06.19 2014고단595
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the D Hospital in Sipoposi, and the victim E (the age of 40) is the employee of the above hospital who was dismissed and requested relief to the Gwangju Labor Relations Commission.

At around 18:00 on December 23, 2013, the Defendant filed complaints against the fact that the victim was found and the Defendant was de facto unable to return to the company by reporting the closure of the business with respect to the hospital, and that the victim’s return to the company was de facto difficult, and that the Defendant exceeded the management right to the F, the representative of the next Liberian.

While the Defendant was suffering from this damage, the Defendant, by hand, led the Defendant’s shoulder part by hand, and knife the knife of the back head of the victim by using the knife cut knife, which is a dangerous object of the Defendant’s shoulder, carried the Defendant’s shoulder with the Defendant’s shoulder at one time, and suffered bodily injury, such as approximately 2 cm (2 cm, 3 cm) in an open top (2cm, and 3cm).

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution;

1. A written diagnosis of injury (E);

1. Application of Acts and subordinate statutes to photographs of damaged parts and photographs of damaged areas;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. The Defendant asserts to the effect that his act is excessive self-defense or at night, as to the Defendant’s assertion on the suspended sentence of Article 62(1) of the Criminal Act (hereinafter the grounds for sentencing).

In light of the above, the following circumstances acknowledged by the evidence, and ① E exercised the force of force on the Defendant.

Even if there seems to have been no injury to the defendant, ② even if the defendant did not take the knives of the knives, he inflicted an injury on E with the knives of the knives using the knives of the dangerous object, ③ the parts of the knives of the defendant who inflicted an injury on the knives of the knives are back and back.

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