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(영문) 서울동부지방법원 2015.10.22 2015고단2651

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 16:10 on June 29, 2015, the Defendant, who was parked in the public parking lot located in Dongri-si, tried to flee after the collision of the 5 vehicle's front panion with the said panion, and then, the victim F (ma, 61 years old) who is the above parking lot parking manager of the said vehicle, was placed in the window on the side of the above moth driver's seat to prevent the Defendant from escaping. However, the Defendant driven the above mod vehicle and led the victim who was parked in the said vehicle by driving the above mod vehicle at seven to eight meters.

Accordingly, the defendant, carrying a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. A photograph of each on-site photograph, CCTV-faging photograph and a buck-faging photograph;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a report on the occurrence of traffic accidents;

1. Relevant Article 261 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that there is no previous conviction for the same kind of crime, the fact that the person misleads and reflects the fact, and the fact that the victim agreed smoothly

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