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수원지방법원 안양지원 2014.12.04 2014고단1434

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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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

Around 08:00 on June 2, 2014, the Defendant driven the freight tower for C in order to drive the Cheongdo-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Road-In the 3rd line road. The Defendant changed the 2nd line to the 3rd line by the victim D (V, 25 years old) driving prior to the 3rd direction. The Defendant changed the 3rd line to the 3rd line by driving the above cargo tower, and changed to the 2nd line to the 2nd one, and caused the victim to disrupt the left side part of the Defendant's cargo tower and the 2nd part of the victim's driver's vehicle. At the same time, the 2nd of the 97rd hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report and investigation report (verification of image records of damaged vehicles);

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes concerning vehicle photographs and CCTV closures;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed on a person who violates the Punishment of Violences, etc. which is heavier than the punishment shall be imposed);

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 (see, e.g., Article 62 (1) of the Criminal Act, including the fact that there is no criminal record exceeding the fine imposed on

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;