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(영문) 수원지방법원 평택지원 2014.11.13 2014고단1286
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on September 2, 2014, the Defendant, at the C site office in the construction site of the K-6 US military unit located in Pyeongtaek-si, brought about the problem of the victim D (the age of 40) and wage delay, and brought about a decline ( approximately 114 cm in total length) which is a dangerous object outside the above office, and brought about two-day treatment for the victim by putting about two weeks off the head part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are as follows: (a) the Defendant committed a dangerous crime that inflicts bodily injury upon the victim’s head due to definite pipes; and (b) failed to obtain a letter from the victim; and (c) there is a need for the corresponding punishment.

However, a suspended sentence shall be imposed in consideration of the fact that the defendant appears to repent of the crime, the fact that the defendant seems to have reached the case in the process of failing to receive a wage of four million won or more, and that one million won has been deposited for the victim, but the probation and long-term community service order shall be added on condition that probation and long-term hours have been given.

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