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(영문) 광주지방법원 2014.04.24 2014고단388
폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is the factory site of "D" in Gwangju Mine-gu, and the victim E (E and 32) is the Indonesia worker.

1. Around August 2013, the Defendant: (a) committed assaulting the victim’s sexual organ part at the victim’s sexual organ at the “D” plant on the ground that the victim was unable to work properly; (b) the victim’s sexual organ part was cut back once; and (c) the victim’s head part was cut back once with the mother container.

2. Around November 2013, the Defendant violated the Punishment of Violences, etc. Act (collective assaulting with a deadly weapon, etc.) committed the assault by having the victim’s breast part of the chest one time by the camping-gate, which became a tree with a dangerous object on the grounds that the victim does not engage in remaining business at the same place as indicated in paragraph (1).

3. On January 23, 2014, at around 11:00, the Defendant injured the victim at the same place as indicated in paragraph (1), and caused the victim’s injury, such as “the influent front wall,” which requires approximately two weeks of treatment,” on the ground that the victim’s entrance part of the victim 3 times, the head part 5, the chest part 5, and the chest part 3 times, and the victim’s bridge part 3 times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to E (E) by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 260 (1) of the Criminal Act applicable to the crime, Article 260 (1) of the choice of the penalty, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of violence against carrying dangerous articles), Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

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

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

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 62-2 of the Social Service Order Act, Article 59 of the Probation Act.

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