beta
(영문) 의정부지방법원 고양지원 2015.08.27 2015고단939

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants are operating "Ejuk" in D as a partnership business, and they have become the problem of employee management around 07:30 on February 4, 2015.

1. Defendant B suffered injury on February 4, 2015: (a) around 07:30, Defendant B brought a dispute with the victim A (the age of 47) and brought an injury to the victim, such as an unfashing the victim for about three weeks of treatment, by making it difficult for the victim to retire from work, while the victim took a dispute with the victim to a different heading room due to the interest of the victim, and then moving to a different heading room.

2. Defendant A violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) of Defendant A, at the time and place specified in the preceding paragraph, and during the course of having a dispute with the victim B (the age of 33), the victim took the face of the defendant in micro and drinking, and the victim took a knife knife with a knife (the knif length of 20cm, No. 1) which is a deadly weapon in the kitchen, and the victim took a knife with about 4-5 cm medical treatment for the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the seizure protocol, each photograph, and each medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) 2 of the Criminal Act: Article 257 (1) of the Criminal Act (elective of Fines)

1. Mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Confiscation Article 48 (1) 1 of the Criminal Act (the ownership and deprivation of possession as a requisite accomplice);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B)

1. Defendant A of the scope of punishment by law: Imprisonment with prison labor for a year and June, and Defendant B of 15 years: fine of 10 million won or less; and