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(영문) 청주지방법원 2015.06.05 2015고단339

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is an employee of the D Co., Ltd. located in Heak-gu Seoul Metropolitan Government, and the victim E (the age of 53) is the head of the team of the above company, who is the defendant and the work partner.

At around 10:50 on December 10, 2014, the Defendant thought that the victim continued to give an unfair instruction and desire to do so while putting the victim in dispute, which is an object dangerous by keeping the knife in the above factory, in hand. On December 10, 2014, the Defendant got knife a part of the victim’s side knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to field photographs and seized articles;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission for the reasons of sentencing under Article 48(1)1 of the Confiscation Criminal Act: Imprisonment with prison labor for a year and six months and two years and six months violent crime group (in case of violence crime group, repeated crime, injury, special injury) in the mitigated area (in case of mitigation factors: in case of mitigation factors), the defendant takes the knife knif for the work that the defendant has kept in a factory with the victim's complaint of his work instruction and has inflicted eight knife knife on the victim one time and the victim's side knife knife knife knife is very dangerous, and there is a need for a strict punishment against the defendant.

However, it is a contingent crime, and the defendant is the defendant.