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(영문) 창원지방법원 2013.06.05 2013고단510

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 510]

1. Around 13:50 on January 28, 2013, the Defendant: (a) misunderstanding that the Defendant was deprived of the victim by drinking the said D, the victim E (the age of 51) and drinking alcohol at D’s house located in Kimhae-si, Kimhae-si; (b) putting the victim’s head twice by gathering water, which is a dangerous thing in the place; and (c) continuously getting off the victim’s face from his/her hand, 3 to 4 times, and 3 to 4 times the part of the victim’s face with drinking.

As a result, the defendant carried dangerous objects and carried them about about 14 days of treatment to the victim.

2. The Defendant damaged the property by leaving the victim’s face at the time and place specified in the above 1. Paragraph 1. at the same time and place, as seen above, the Defendant destroyed its utility by leaving the victim’s face on the left-hand test of the hacker who was worn by the victim.

[2013 Highest 748] The Defendant is a person who is engaged in driving a Fpoter cargo vehicle.

On January 28, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.162% of alcohol level 0.162%, and immediately stopped the above vehicle on the side of the public health clinic in front of the medical clinic in charge of the course of the operation of the Kim Sea to the direction of the fire-fighting box in front of the medical clinic in front of the medical clinic in charge of the course of the operation of the Kim Sea along with the normal signal due to occupational negligence in violation of the signal, and thereby, the victim G (n. 44 years old) driven by the Defendant on the left side from the right side of the vehicle in front of the above cargo to suffer injury, such as catitis, which requires treatment for about three weeks, and at the same time, the said vehicle was destroyed by the repair cost, 340,600 won, and did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

[2013 Highest 510]

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A part of the damage department and a shoulder;