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(영문) 대구지방법원 경주지원 2015.09.02 2015고단503
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 25, 2015, at around 21:47, the Defendant was driving a Drocketing car around C in one lane, and the victim E(36 years old) was driving a FW car in the front side of the Defendant’s driver car.

During that time, the victim turns on a higher level for the reason that the driver's car of the defendant is running at low speed, and the defendant stops rapidly and prevents the victim from driving the vehicle. The defendant laid off the clock, which is a dangerous object within the string of the string line set off from the above stringa car, and display it several times to the victim, and the victim spathing from the victim who escaped to the delivery of the damage. The victim spaths that "the spath, the spathth of the bring, the spathth of the spath, the spath of the spath, the spath of the spath, the spath of the spath, the spath of the spath to the other person."

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes 20 copies of a report on the occurrence of a crime, internal investigation report, internal investigation report (a death certificate and family relation certificate), death certificate, family relation certificate, internal investigation report (a clamp photo attached to a clamp photo used by a suspect), two photographs, investigation report (Attachment of a photograph to the victim vehicle clambbbox image), and a caps photo

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. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (i.e., conditions of sentencing under the following conditions of sentencing, the first offender, etc.), [Scope of recommending] types 6 (Habitual, Habitual, Habitual, Special Violence) (i.e., April to 1) (i., April to February) and the mitigated area (i.e., special mitigation)

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