beta
(영문) 서울남부지방법원 2013.04.24 2013고단810

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for one year.

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

On October 24, 2012, at around 15:45, the Defendant used a motor vehicle, which is a dangerous object for the victim to use the back part of the vehicle, and at the same time damaged the victim's Otoba in an amount equivalent to KRW 2,546,50,50, while driving the vehicle by re-izing C in front of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the victim D(23) around the same direction.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Written estimate;

1. Application of photographic Acts and subordinate statutes by cutting booms and video images;

1. Articles 3 (1) and 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (2) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the grounds that the defendant reflects his/her mistake, and the circumstances leading to this case shall be taken into account);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;