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(영문) 부산지방법원 2016.03.16 2015고단7017
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around August 16, 2015, the Defendant: (a) found in the “D” workplace, which is an employee of the Plaintiff, for the purpose of transporting steel products, at around 21:30, on the ground that the noise from transporting steel products was serious; (b) found in the Plaintiff, an employee of the Plaintiff, who is an employee of the Plaintiff ( South, 25 years of age), to take and flow off steel materials structures for artificial insemination ( length 2 meters, thickness 15cm, weight 4.5km), which are dangerous articles while taking a bath to the victim E, and collected outside, according to the victim’s hand that was located adjacent to the Plaintiff, thereby putting about two weeks of treatment.

2. The injured Defendant, at the time and place set forth in paragraph 1, took a bath on the ground that the Victim F (the other, the other, the age of 37) who is an employee met the Defendant, and brought an injury to the Defendant, such as the victim’s neck and chest, by pushing the Victim’s neck and breast part, which requires approximately two weeks of treatment.

3. The Defendant, at the time and place under Paragraph 1, destroyed the victim’s property in an amount equivalent to KRW 300,000,000 in the market price by cutting the structural frame of the steel products owned by G, the main owner of the business, on the floor, cutting the steel products owned by G, and cutting the steel products on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Investigation report (referring to the victim F and the victim E-examination report);

1. Application of Acts and subordinate statutes reporting investigation reports (baging business of photographing Handphone images), investigation reports, investigation results reports, and investigation results reports;

1. Relevant Article 258-2 (1), Article 257 (1) of the Criminal Act (a point of special injury), Article 257 (1) of the Criminal Act (a point of injury, choice of imprisonment with prison labor), and Article 366 of the Criminal Act (a point of damage to property and choice of imprisonment with prison labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant collected dangerous things and inflicted an injury on the victim E; the victim F in his/her hand and thereby inflict an injury on the victim F in his/her hand; and the crime is not likely to be committed because the article 62(1) of the Criminal Act was damaged;

(3).

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