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(영문) 대전지방법원 천안지원 2016.09.23 2011고단1005
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

On March 26, 2011, the Defendant: (a) around 17:55, the Defendant would not make the Victim E (37 years of age) as soon as possible while working at the D workplace located in the Asia-si (State) around 17:55, 201.

“The victim made the word “,” but as the victim took hicker’s hand and hicked the Defendant, the part of the victim’s head was 1 time with the hacker’s work net (28cm in length) that is a dangerous object hicker’s hand.

As a result, the defendant put the victim into an open room for the head part requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Photographs;

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

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the form and degree of the instant crime for sentencing under Article 62(1) of the suspended sentence, risk, the recognition and reflect of the Defendant’s crime, the victim’s wish not to be punished, the victim has no record of criminal punishment in the Republic of Korea, the health of the Defendant is not good, there are circumstances that may be some considerations in the process of the instant crime, contingent crimes, and other circumstances shown in the instant trial, including the Defendant’s age, sex behavior, environment, etc., shall be determined as ordered by the Disposition.

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