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(영문) 대전지방법원 2016.07.06 2015고단2898
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is an employee of the subordinate company C in Daejeon-gu, Daejeon-gu, and is an employee of the subordinate company C in the victim D (27 tax).

On July 15, 2015, the Defendant: (a) around 00:30 on July 15, 2015, the Defendant: (b) the victim, who smokes tobacco at the front parking lot of the above C Office, refers to “tobacco smoking”, and (c) the victim has moved to another place and returned to a smoking.

Nevertheless, the Defendant again set up the victim and then saw the siren (33 cm in length) which is a dangerous object that has been abandoned in the surrounding area between the victim and another person due to another person's contact with the victim, and led the victim to several times to the back of the victim.

As a result, the Defendant carried dangerous articles with the victim, thereby causing injury to the victim, such as cerebral alky, which is in need of medical treatment for about three weeks.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspects of D;

1. A report on internal investigation (on-site mobilization status, etc.);

1. A written diagnosis of injury;

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

1. In light of the relevant provisions of Article 258-2(1) and Article 257(1) of the Criminal Act regarding criminal facts: The case is one of the cases where the injured person was at risk and was inflicted an injury requiring medical treatment for three weeks in consideration of the injured person; circumstances favorable to the point that the injured person was not agreed upon: the confession of the crime by an investigative agency; the fact that the injured person was at least one time prior to the same criminal history; the decision of the sentence that was sentenced to a fine is the history of the same kind of crime: the above circumstances are different from others, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; various conditions of sentencing shown in the argument of this case, such as

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