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(영문) 창원지방법원 2014.02.07 2013고단3443
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

The defendant is a person who has served as the head of the health department of the C trade union.

At around 13:30 on May 9, 2013, the Defendant sent the victim E (the 58-year-old) who is the head of the company's vehicle production department of the above company's vehicle production department (the 58-year-old) to the hospital, and the victim immediately sent the above F F to the hospital for reasons of internal interviews with the company, etc., and made the victim not immediately sent the company's internal interviews with the above trade union office, and made the victim talked that the victim would not immediately be sent the above F F to the hospital, and made the victim talked about the "Chewing sprink" while taking a dangerous object at the location to the victim's right shoulder and shoulder part, etc. The Defendant threatened the victim with the right shoulder and shoulder part, etc. of the victim.

As a result, the Defendant carried dangerous things with the victim and inflicted bodily injury such as salt, tension, etc. on the part of the damaged trees requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in each prosecutor's office and police suspect interrogation protocol of the accused;

1. Each police statement of E and G;

1. A complaint;

1. Medical certificates and medical records;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing recording records;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. The crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") requires a strict punishment against the defendant in view of the following: (a) the crime of this case was committed by the defendant with the victim, who is a dangerous thing, and the nature of the crime is not good; and (b) the victim is seeking the punishment of the defendant.

However, the fact that the defendant has led to the crime of this case, deposited a certain amount for the victim, and made a fine once.

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