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(영문) 춘천지방법원 원주지원 2015.05.19 2015고단258
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for one year.

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

On October 2, 2014, around 15:20 on the 15:20th day of the 2014th day, the Defendant operated the national highway No. 38 on the 38th day of the "National Road in the Gangwon-gu National Road", and the victim D (the age of 48) driving the New EF Station and the change of the car line became the starting cost, which led to each other to get off from the car.

After that, the Defendant started driving a motor vehicle again, and thereafter, the victim started driving the motor vehicle again, and the victim entered the motor vehicle to another motor vehicle from which the Defendant would overtake the Defendant, and the Defendant obstructed the course of the victim who followed the motor vehicle behind the motor vehicle, which is a dangerous object, and reduced the speed of the Gap self, thereby allowing the victim to stop rapidly, etc., and using the motor vehicle of the 20 minutes from 15:20 to 15:40 on the same day, the victim used the motor vehicle of the mother car for the above three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes to investigation reports (cognizable image and photograph attachment);

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. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act for probation and order to provide community service or attend lectures [decision of types] for the crime of assault (decision of types] - Types 6 (Habitual Cumulative Offense, Special Violence): In terms of mitigation of punishment: In the area of mitigation [Recommendation area, Recommendation], mitigation area, April-1 and February [General Aggravation] - In terms of aggravation of punishment: Department of the same sentence (less than 10 years after the completion of execution] (whether to suspend execution of sentence] negative reasons for major reference: In cases of a previous conviction (not more than five years, suspension of execution, or a fine not less than three times): A positive reason for general reference: A positive reason for a suspended sentence of imprisonment at least two times: A positive one year; a positive one year; a suspended sentence of imprisonment; a person who is a driver of a motor vehicle in operation; and a probation and probation.

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