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(영문) 의정부지방법원 2015.05.11 2014고단4365
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2014, the Defendant: (a) around 16:00, at the landscaping site in Scheon-si C, the victim E (35 years of age) was found, and the Defendant was also registered as a business operator; (b) but in fact, the Defendant and the non-resident, who sent livestock products to the restaurant operated independently by the denial of the Defendant and the non-resident, set a vision.

When the Defendant heard a insulting speech from the victim, the Defendant was going to turn on the back of the cream, which is a dangerous object to the cream, and was going to proceed to the direction of the victim who was going to the front of the cream.

The Defendant driven a scke and followed the victim’s left side with the rubber track wheels, and did not stop the scke even after the sckes go beyond the victim, and the rubber track wheels proceeded toward the opposite direction after the victim’s left side side side side, and let the scke scke get out from the victim.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the frighting frighting frighting frighting frighting frighting frighting.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site relocation photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (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. The reason for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Scope of Recommendation] Where the victim is fully responsible for the occurrence of a crime or the expansion of damage in the mitigation area (1 year and six months to two years), the victim is not subject to punishment (including advanced efforts for recovery of damage) or a considerable part of damage, and where the victim is seriously responsible for the occurrence of a crime or the expansion of damage.

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