beta
(영문) 의정부지방법원 2015.07.22 2015고합46

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

One set (No. 2) for a time seized shall be confiscated.

Reasons

Punishment of the crime

1. Around 19:50 on February 15, 2015, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.): “E” factory storage operated by Spocheon-si C; “A” factory storage operated by D in Macheon-si; “The victim F (49 years of age) who was an employee of the above company, who discovered the flammable substance while putting the flammable substance in the original body at the storage room in order to raise objections to the said company; and “The victim F(s) who was an employee of the above company, who discovered the incombustible substance in order to remove complaints from the said warehouse; and “Is the victim’s right-hand hand and the right-hand hand of the dangerous article in the warehouse.” On the other hand, the Defendant released the victim’s neck, who was an employee of the above company, from spreading it into the front part of the warehouse.”

2. At the time and place indicated in the preceding paragraph, the Defendant attempted to destroy the above warehouse, which is a building in which people are present, by using a log in which the F was in possession of the person escaping, but was attempted to commit an attempted crime without spreading the fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and D;

1. Each protocol of seizure and each list of seizure;

1. On-site photographs, relevant photographs, investigation reports ( telephone conversations of a victim), investigation reports (report on confirmation of the cause of injury of the victim), and response to requests for appraisal of the fire case;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 174 and 164 (1) of the Criminal Act (the occupation of attempted fire prevention of an existing structure, and the choice of limited imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes concerning Existing Buildings, Fire-Prevention, and Attempted Crimes, which are more severe than the principal) shall be applicable;