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(영문) 수원지방법원 안산지원 2015.09.11 2015고단2237
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

At around 16:00 on July 1, 2015, the Defendant left the back of the victim at one time with the iron bars (1m a length, 13m a thickness) which are dangerous objects to be used at the construction site while having a dispute over the victim D and work methods, at the 4th floor of the construction site of the member-gu Ctel in Ansan-si, Gyeonggi-si, Gyeonggi-si, the Defendant left the back of the victim at one time.

As a result, the Defendant carried dangerous objects and inflicted an injury upon the victim for about 14 days in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

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. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act

1. The reason for sentencing under Article 62 (1) of the Criminal Act [the scope of recommending punishment] the reason for sentencing under Article 62 (1) of the Criminal Act [the grounds for sentencing as set forth below] where minor injury, punishment not being imposed (including efforts to recover damage), or considerable damage has been restored [the decision of sentencing] one year and six months, the suspension of execution two years (the defendant is divided into his/her own mistake, the defendant is not entitled to the punishment by agreement with the victim, and the defendant is not subject to the punishment as set forth in the disposition of this case, taking into account favorable circumstances such as the circumstances leading to the crime of this case, etc.) in the area of special mitigation ( September through February 6).

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