(영문) 대구지방법원 2019.01.18 2018고단4855

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자간(%)

(영문) 대구지방법원 2019.01.18 2018고단4855

특수폭행

Text

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

However, 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

The Defendant worked for approximately three months in a "C Company" factory in Busan Metropolitan City, and retired from the office of the victim D (the age of 45) who is the head of the above factory.

On August 28, 2018, after the Defendant voluntarily filed an application for withdrawal, the Defendant sought to withdraw the application for withdrawal from the above factory on August 28, 2018, and requested the withdrawal of the application. However, from E, the Defendant saw that “the person who has left this workplace shall not be employed again,” he saw that “the person who has left this workplace shall not be employed again,” and kids hand kis (35 cm in length, day: 7 cm in length, day: 7 cm in length) which are dangerous objects at his own troke, and worked for the replacement of the leakage breaker within the above factory at the time, and went up with the victim who had been in advance of the victim’s face.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The police seizure record and the list of seizure;

1. Application of the Act and subordinate statutes to report on investigation (referring to photographing CCTV images on the parking lot of a company);

1. Relevant Articles 261 and 260 (1) and the choice of penalty concerning facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant's act of sentencing is highly dangerous in light of the law and content of the crime in this case, and that the defendant's act of killing and injuring human life is not good, and that the defendant has a criminal record of suspended sentence of imprisonment due to the same act of violence in this case is disadvantageous.

However, the actual damage caused by the crime of this case is minor, the fact that the defendant does not want the punishment of the defendant by agreement with the victim, and the fact that the defendant is against the defendant is against the defendant is favorable.

In addition, the defendant's motive and details of the crime in this case and relation to the victim.

참조조문

-형법 제48조 제1항 제1호

-형법 제62조 제1항

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