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(영문) 대구지방법원 2014.04.17 2014고단531

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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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

On November 22, 2013, the Defendant: (a) driven a motor vehicle Ei30 by driving a motor vehicle into a gas station under the influence of alcohol in the DNA gas station where the injured party C(65 years of age) located in Nam-gu, Daegu as an employee, and entered an accelerator into the gas station; and (b) made a drinking time while an accelerator oil is being carried out; and (c) made a call to the gas station, and (d) made the call “In accordance with this principle, he she laid down the gas station and takes one funeral service.”

The victim, who observed this, went out of the office, and the defendant, called "hing off the vehicle, hinging off the vehicle, getting on or getting on the taxi, hing off the vehicle, hing off the victim by shocking the victim by driving the vehicle as it is, and hing off the part of the main set, hing the victim into the office, preventing the defendant's vehicle that the victim is willing to take out the emergency telephone, going out of the office, and going out of the station, and hing down the victim again by driving the vehicle with the defect "hing off the parking in the parking lot" as it is, and hing down the victim above the main set.

Accordingly, the defendant used a car, which is a dangerous object, to assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence is that the defendant assaulted the victim who is trying to drive under influence of alcohol in a passenger car. However, the nature of the crime is weak, but the defendant has been completely divided into his/her own mistake, and the defendant has agreed with the victim, and there is no previous conviction of fine, and the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime are revealed in the arguments.