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(영문) 대구지방법원 2015.10.22 2015고단3878

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of the security team of the Daegu Suwon-gu apartment security room, and the victim D(49) is the head of the same apartment security office.

1. The Defendant, at around 09:55 on July 30, 2015, listened to a lawsuit seeking to dismiss the Defendant from the company, and found it in the security room of the Daegu Suwon-gu C apartment complex 1 complex in order to comply with this, the Defendant entered the security room, carrying with him the net value (40 cm in length) dangerous objects, which were located outside the security room, and entered it into the security room, two times more favorable and damaged the market price in which the victims owned by the occupants of the said 1 complex.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) committed an injury to the victim by breaking the above senses, which is a dangerous object carried in the time and place under the preceding paragraph, and considering the part of the back head of the victim's meeting at the office once, the victim was faced with an injury to the victim, who is in need of treatment for about 14 days, by displaying the victim's back head on the left side of the office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 369 (1) and Article 366 of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, and Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the occupation of carrying and injuring dangerous articles);

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

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

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the scope of recommendation] : (a) category 1 (Habitual Injury, Bodily Injury, Bodily Injury, Habitual Bodily Injury) (1 year and June 2 year through June 6) in the mitigation area (1 year and June 1 year and June 2), (2 year and June) in the mitigated area (the decision of sentence] [the decision of sentence] in light of the details, tools, and methods of the damage and damage of the property of this case, but the nature of the crime