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(영문) 대구지방법원 포항지원 2016.10.20 2015고단1353
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

Each one (No. 1) of the glass tanks seized shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who works at the site of the remodeling project in the Gyeongbuk-gun, Ulsan-gun, and the victim C (53 years of age) is the head of the working group at the above site.

1. On November 25, 2015, while the Defendant demanded the victim to make a provisional payment of KRW 300,000 in cash, the Defendant assaulted the victim, i.e., that he remitted KRW 300,000 from the Defendant from the Defendant’s ward (No. 402) in Ulleung-Gun D building 402 on November 25, 2015, while he was dissatisfied with the victim’s refusal, the Defendant she saw the victim as follows: (a) she was hicking that he remitted KRW 30,00 from the Defendant from the Defendant’s ward (No. 402) in Ulleung-Gun D building 402; and (b) she was able to kill

2. In a special injury, the Defendant: (a) committed assault to the victim at the time and place specified in paragraph (1) and at the same time, and (b) brought the victim’s head at the time of the victim’s head, which is a dangerous object, resulting in the victim’s head, resulting in the victim’s death.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of each police statement of C and E;

1. A police seizure list;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) and 260 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and 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 (aggravating concurrent crimes to the extent that the punishment is added up the long-term punishment for a special injury with heavier penalty) among concurrent crimes;

1. There are circumstances that can be taken into account such as: (a) the degree of injury to reasons for sentencing under Article 48(1)1 of the Criminal Act is relatively minor; and (b) the Defendant has no record of punishment exceeding the fine.

However, it is highly likely that the defendant could lead the victim in the fourth floor, brush the out of the victim, and tightly assault the victim, and continue to brut the victim's head with the main of the victim, etc., and the contents and methods of the crime, and the form of the crime are highly dangerous.

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