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(영문) 창원지방법원 마산지원 2013.05.01 2012고단734
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. Defendant A shall be punished by imprisonment for two years.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are those who were employed as employees of the victim E (the age of 38) in the factory of the Haak-gun, Gyeongnam-gun, Haak-gun, Gyeongnam-gun by August 2012.

1. On May 22, 2012, Defendant A: (a) around 23:40 on May 2, 2012, the Defendant thought that the victim, in the conversation with the victim who is not good, acted to prevent the victim from disregarding the Defendant; (b) the victim’s face one time by hand; and (c) continuously, the Defendant laid down the victim’s head one time through the cutting of motor vehicle parts at a level of 30 centimeters in diameter, which are dangerous objects stored in the said factory, at a level of 14 days, the victim’s head was put up two parts requiring treatment for about 14 days.

2. The Defendant, at the time and place described in the foregoing paragraph, and as indicated in the foregoing paragraph, the victim, who was at the price of head from A due to the bending of motor vehicle parts, resisted the Defendant and A, she abused the victim by taking the victim’s face twice by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

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

1. A of the relevant criminal facts: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) 2 of the Criminal Act: Article 260 (1) of the Criminal Act (elective of fines);

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account crimes, etc. committed by Postal Affairs);

1. Articles 70 and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Incompetence, etc.) of the suspended execution (Defendant A);

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