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(영문) 대전지방법원 천안지원 2015.06.18 2015고단87

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for 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

1. On December 23, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) is driving a D-do-purd motor vehicle at the low-income bracket C located in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seoul on December 23, 2014.

During the traffic signal stop, the victim F (30 years of age) who was driving the Efrad car in the front of the defendant's signal while driving the Efrad car, showed the attitude of assaulting the victim by putting the victim in mind, who was in custody of the defendant's vehicle, as a dangerous object in the defendant's vehicle, and cutting off the Gaclar for replacement of the defendant's vehicle (a string strings for replacement of the strings, length of 30cc, and No. 1 of the strings).

Accordingly, the defendant used dangerous objects to assault the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) at the time and place mentioned in the above paragraph (1) on the grounds as stated in the above paragraph (1) above, the Defendant argued that the victim F and Silf were the victim on the ground of the same reasons as stated in the above paragraph (1). By drinking and scam, the Defendant, who is the victim, walked the stringer and the stringer of the above ndrad vehicle owned by the victim, walking the stringer, the back stringer, and the back stringer, and caused the above ndrad vehicle to be damaged by 1,059,606 won for repairing the ndrad vehicle.

Accordingly, the defendant damaged the victim's property by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Police seizure records;

1. Written estimate of general repair expenses;

1. Application of the Acts and subordinate statutes on photographs;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.