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(영문) 대구지방법원 경주지원 2014.04.30 2013고단778
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a company member who works for "D" in the racing city C.

On December 7, 2013, around 19:30 on December 19, 2013, the Defendant made a threat to the victim E (the 40-year old) who is a subordinate employee in the office located in the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of 19:30, on the ground that the victim did not recognize the mistake of the victim due to business relations, the Defendant took a dangerous object in the office, citing the victim, which is a dangerous object in the office, and had the victim face a small electronic calculator, which is a dangerous object in the office.

As a result, the defendant carried dangerous things and inflicted an injury on the side of the victim in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the head of a complaint, a written diagnosis of injury, and a written agreement for cancellation of complaint;

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. Suspension of execution under Article 62(1) of the Criminal Act: In the case of committing a crime with lethal weapons or other dangerous articles, the period of punishment under Article 62(1) of the Act on the Suspension of Execution (the decision of a sentence): Special Injury (the person subject to special mitigation) [the decision of the recommended area] mitigated area of punishment [the scope of punishment] [the scope of recommendation] imprisonment with prison labor for one year and six months to two years [the period of suspension of execution] [the period of suspension of execution] - In the case of committing a crime with lethal weapons or other dangerous articles which are not subject to repeated crimes, the main reason for the affirmative participation - In the case of the crime - The reason for the negative general participation - The reason for the affirmative participation - The reason for the suspension of execution : the defendant's detention has been accompanied by excessive difficulty to his family members [the decision of sentence] that the defendant has many records of punishment for different types of crimes and identical crimes in the past, the quality of the crime in this case is not sufficient, and the victim

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