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(영문) 춘천지방법원 강릉지원 2013.05.22 2013고단118

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 became final and conclusive.

Reasons

Punishment of the crime

1. On January 12, 2013, the Defendant observed that the Defendant was waiting for stopping the G Amburged car in the vicinity of the “F” restaurant operated by the Defendant by the victim E (the age of 36) who was suspected of being the husband of the ordinary party’s husband and the non-person concerned, while driving the Dmaring car on the front of the Gangnam-si Ccafeteria at around 02:50 on January 12, 2013.

In order to consider that the victim was in order for the victim to reach the husband of the defendant, and to ask whether the victim was found to be the victim on the ground of a son, the defendant operated the defendant's fright car and was in order to drive the victim's frightd car, which is a dangerous object of the victim's frightt stop, which is the dangerous object of the victim's frightd car.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant damaged the said car in such a manner that, as described in Paragraph 1 at the time, at the same time and place as described in Paragraph 1, the Defendant stopped the victim E’s lurged vehicle, and left the said lurged vehicle from the said lurging vehicle, which is the victim’s possession, by walking the above lurging door and lurbing the lurging vehicle at several times, the Defendant damaged the said car to take approximately KRW 862,313 of repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a written diagnosis of injury and written estimate of general repair expenses;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on carrying dangerous objects), and Article 366 of the Criminal Act;

1. From among concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Violences, etc. which is heavier than punishment shall be aggravated;