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(영문) 대전지방법원 2015.11.26 2012고단4749
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is the chief of the steel team and the victim C(49) of the agency affiliated with D, and the person employed in the above state C(49)D.

On May 17, 2012, around 07:20, the Defendant: (a) committed an injury on the part of the victim, such as “a two-one-day open wound,” which requires medical treatment for about 21 days, to the victim, who found the site manager due to dismissal, and the safety mother, which is a dangerous object worn, when the victim 2-3 times the head part of the victim; and (b) collected the parts of the victim’s head in one time the victim’s head part was 21 days.

Summary of Evidence

1. Statement of the defendant in part of the first trial record;

1. Protocol of examination of witness C;

1. Each police statement made to F, G, and H;

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

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. The reason for sentencing of Article 25(3)3 and Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Compensation Orders [the scope of recommending punishment] The following conditions shall be examined: (a) the category of violent crime group, violent crime group, habitual injury, repeated injury, special injury (type 1), the basic area, the basic area, two to four years of imprisonment [Pronouncement Decision] once the same suspended sentence is suspended; (b) the victim has not reached an agreement with the victim; (c) the defendant is detained without attendance in court; (d) the defendant is detained; (c) the degree of actual damage; (d) the defendant's attitude in investigation agency and court; and (e) the defendant's age and working environment; and (e) the sentencing conditions of sentencing set forth in the sentencing guidelines are examined; and (e) the defendant shall be set a

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