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(영문) 수원지방법원 평택지원 2016.03.18 2015고단2008

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a congested with C, and C listens to the awareness that the victim D (34 tax) was drinking in her only with the victim on May 15, 2015 through a smartphone-free hosting method, and when the victim drives a vehicle with drinking, the victim's car is shocked with the victim's Echip car and reported the fact of driving the drinking to the police.

Intimidation in order to demand a mutual agreement.

1. On May 15, 2015, at around 03:05, the Defendant: (a) discovered a low-speed car in front of the “G” cell phone store located in Pyeongtaek-siF; (b) driven by the victim; (c) received the above high-speed car; and (d) inflicted an injury on the victim, such as light finites, which requires approximately two weeks of medical treatment; and (c) set the back part of the above high-speed car with approximately KRW 276,568 of repair cost to cover KRW 276,568.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim, and damaged the victim's property.

2. The Defendant who attempted to proceed to the police at the same time and place as above shall report the driving of drinking alcohol to the police without informing the victim of the agreement of KRW 3 million.

“The victim did not comply with the request,” although the victim did not respond to the request.

In this regard, the defendant attempted to receive property by threatening the victim, but he attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual investigation report on traffic accidents;

1. Police seizure records;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 369(1), 366 of the Criminal Act, and Articles 352 and 350(1) (a) of the Criminal Act for criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment specified for the crimes of special bodily injury and the crimes of destroying special property, and the punishment specified for the crimes of special bodily injury which are heavier).