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(영문) 서울북부지방법원 2015.01.29 2014고단3835
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2014, at around 14:00, the Defendant damaged two gates of the victim’s dormitory owned by the Defendant for repair costs to cover KRW 720,000, by making the two gates of the dormitory of the employees inside the above factory office located in the following: (a) in the E factory operated by the victim D in Kim Jong-si; (b) in order to receive the sales proceeds of pressures, shocks, presses, etc. sold to the victim by the F company, the Defendant employed as an employee of the Defendant; (c) but (d) but it was not possible to have the F company’s employees found the victim to receive the sales proceeds of pressures, presses, etc. sold by the victim

2. The Defendant, in violation of the Punishment of Violences, etc. Act (collective assault, deadly weapon, etc.) collected a damaged person G (39 years old), which is a dangerous object in front of the said factory office, at the same time and at the same place as the preceding paragraph, and discovered a damaged person G (39 years old), which was working inside the factory, at a place where the said factory office was carried into the factory, and tried to find out the damaged person G (39 years old), which was working inside the factory, and sound the victim "where there is the president of the width," and assaulted the victim at two times with other hand, moving the victim out of the factory, leading the victim into the outside of the factory, leading the victim to the right breath of the victim, and assaulted the victim at the left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. The application of the Acts and subordinate statutes to each photograph and investigation report;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 366 of the Criminal Act that selects a punishment, Articles 3 (1) and 2 (1) and 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;

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. Although the suspended sentence is a very dangerous act with the reason for sentencing under Article 62(1) of the Criminal Act, there is no particular criminal record since 2003, the victims and the victims seems to have agreed smoothly. The Defendant as an employee of the FF Company, not only did the victim delay the sales amount but also paid the sales amount.

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