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(영문) 의정부지방법원 2014.03.14 2013고단4593
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

At around 14:00 on October 13, 2013, the Defendant sought to start a ESW car after her clocked with the victim D(the age of 48) before the victim’s c elementary school located in B at Yangju City, and then tried to start a car in EMW car. Even if the victim was unable to start his/her car, he/she puts his/her hand into the Defendant’s car driver’s seat window while leaving the window while flying the window and leaving the car as it is, which is a dangerous object of the victim, and assault the victim by driving the car over 2-3 meters with a pipe.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. Application of the crime place and the Acts and subordinate statutes to photographs of victims;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 260 (1) of the Criminal Act (a person who uses a lethal weapon with a deadly weapon);

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

1. The portion concerning the dismissal of prosecution under Article 62(1) of the Criminal Act (with regard to the suspension of execution of execution of sentence of six times, including the fact that there was no previous conviction exceeding the fine, and there was no previous conviction since 2005, the fact that the crime was recognized and reflected, and that there was a smooth agreement with the victim);

1. On October 13, 2013, the Defendant: (a) around 14:00 on both weeks of the facts charged, the Defendant committed an assault against the Defendant by taking advantage of whether the victim D (the age of 48) was similated with another person; and (b) in the course of having a dispute with another person, the Defendant also committed an assault against the victim at one time on the part of the victim, who glicked the Si expenses.

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since it can be acknowledged that the victim expressed his/her wish not to punish the defendant on February 20, 2014, which was after the prosecution of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

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