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(영문) 전주지방법원 2013.10.31 2013고단1989
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant operates D D D D D D D'B car page in Jeonsi-si, Jeonju-si, and the victim E (V, 44 years old) is the number of D'B car page.

On April 28, 2013, the Defendant: (a) had been suspected of having a party with the wheels, who was the husband of the Defendant; and (b) had been living at the rest area of Honam Highway G located in Y in Hasan-si on April 28, 2013, the Defendant moved the victim to the top of the operation of the I Ecuas car, the Defendant owned the Defendant, and led the victim to a dispute with the Defendant.

At around 02:30 on the same day, the Defendant driven the said car, which was in the vicinity of the Honam-gun-gun of the Jeonnam-gun of the Jeonnam-gun, and was in the vicinity of the Samnam-gun road, and the victim denied the above Buddhist fact, and the Defendant was able to see the victim's head debt with his hand after driving the said car on the side of the road.

At around 05:00 on the same day, the Defendant continued to drive the said car and to drive it on the front line, which is located in the front line, in the front line, in the front line, in the front line, in the front line, in the front line, in the front line, in the front line, and near the highway, which is located on the side of the road, and threatened the victim with the face and head of the victim by drinking on the side, the victim's face and head by drinking on the side, the victim's right course is walking once in the front line, the victim's right course is walking once in the front line, and the victim's head part is 10cm, which is a dangerous object (10cm in all length), and the victim's head part is 50cm in the front line.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of investigation reports (related to the spread and tree atmosphere possessed by a suspect)-related Acts and subordinate statutes;

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

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