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(영문) 광주지방법원 해남지원 2015.01.14 2014고단345

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:40 on October 4, 2014, the Defendant driven a Crain car on the first-lane road in front of the Crain distance in front of the Crain car operated by the victim D(38 years of age). On the other hand, the Defendant passed the Crain car and passed the Crain car while driving the Crain car on the Plus car. On the other hand, the Defendant passed the Crain car before the victim D and passed the C, which is a dangerous object, using the above Drain car, and followed the Arain car before the victim D, and followed the Defendant, the victim D, who was working on the back of the Cra in order to avoid conflicts, caused the 3 years of age of the victim who was on the back of the Crain car.

Accordingly, the Defendant, while in possession of a dangerous object, assaulted the victim D by the above method, and at the same time, f. of treatment days to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written opinion;

1. A blackbbox and video CD;

1. Application of related Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 260 (1) of the Criminal Act (the occupation of assaulting carrying dangerous objects), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of injuring carrying dangerous objects);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Punishment of Violences, etc. Act with more severe punishment (a punishment imposed on a person who causes injury to a group, deadly weapon, etc.);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of recommendations] Habitual injury, repeated injury, and special injury shall be type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Bodily Injury);