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(영문) 수원지방법원 안산지원 2015.05.29 2015고단991

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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

Criminal facts

On March 24, 2015, around 01:23, the Defendant, while driving a private taxi, was able to conflict with the victim D, who was flading a road by pedestrian signals while disregarding and bypassing the pedestrian signals while driving a private taxi.

Therefore, when the victim took a taxi operated by the defendant with a cell phone, i.e., "d., why we go down, fin," and "I am knife", the defendant proceeded with the victim's knee part in front of the above taxi by driving the above individual taxi, which is a dangerous object, while doing so.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for up to six months-15 years;

2. Scope of recommending punishment: Insignificant bodily injury (type 2, 4) to be mitigated (special mitigation) in the area of mitigation of punishment, types 6 (Habitual Cumulative Offense, Cumulative Offense, Special Violence) committed in April - January 1 and February 2.

3. Although the defendant used dangerous objects in the course of assault in the decision-making of sentencing, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the trial of this case, such as the confession and reflect of the defendant, and the defendant's primary offender.