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(영문) 의정부지방법원 2016.04.15 2015고단3929
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on October 1, 2015, the Defendant, within the dormitory of “D” company working for the Defendant, and on the grounds that the Defendant, the head of the factory of the same company (55 years old), pointed out the complaint to the Defendant in relation to his duties, the victim E (5 years old), who entered outside the dormitory, was living outside the dormitory, was able to sprinke the breath, and was raising the chair for about 10 days, thereby causing injury to the victim, such as sprinkling, and sprinking, etc., which require treatment for about 10 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A report on investigation;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs, field photographs, and damaged photographs of criminal tools;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended execution refers to the crime of this case where the defendant inflicts bodily injury on the victim by using a refinite, which is a dangerous article, and the risk of the method and the occurrence of serious damage to the victim, etc., the criminal liability of the defendant is not minor.

However, in light of the fact that the defendant recognized the crime of this case and violated it, the injured person does not want the punishment of the defendant, the injured person does not focus on the injured person, the degree of injury of the injured person, the fact that there are no criminal records of the same kind and suspended execution or more, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with the order.

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