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(영문) 광주지방법원 순천지원 2015.02.11 2014고단1937

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 23:30 on October 9, 2014, the Defendant called “D” restaurant operated by the Victim C (Age 38) and changed E, the front part of the Defendant living together with the victim. However, on the ground that the victim took a bath at the time of the victim’s speech that he does not “E”, the Defendant driven a F Trate vehicle parked on the front part of the new flag apartment located in the new flag apartment at the time of drinking water, and arrived at the said “D” restaurant located in G at around 23:45 on the same day.

Afterwards, the Defendant saw the above Twit vehicle as a dangerous object in a restaurant, and fastened the entrance door, reinforcement glass, etc. with the above vehicle, which is a dangerous object prepared in advance from the vehicle, and fastened the above restaurant glass and equipment with a pipe (184 mm in length), which is a dangerous object that had been readyed in advance. When the victim was trying to stop it, the Defendant saw the above Dol, head, hand, bridge, etc. of the victim who was trying to stop it into the hack pipe, and again saw it into the hack pipe, and effics, air conditioners, etc. in the above pipe.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, carried with a dangerous vehicle and a hack pipe, assaulted the victim with an article, and assaulted the victim for about two weeks of treatment, and damaged the victim's property so that approximately KRW 3,127,50 of repairing cost, such as exchange of entrance glass, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Report on actions taken against an employer, and report on the statement of the audience status of an employer;

1. An investigation report (verification of the amount of physical damage);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and Article 2(1)3 of the Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257(1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of carrying a dangerous object).