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(영문) 대구지방법원 안동지원 2015.03.27 2014고단1059
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 November 21, 2014, at around 11:30, the Defendant: (a) was standing or standing a bus at the bus platform prior to a bus terminal located in the Dobong-si in the Dobong-gu, Chungcheongnam-do; (b) on the ground that the victim E (58 years of age) operating D buses urged the Defendant to deduct the vehicle from the vehicle, some of the instant bus is driving ahead of the bus and operated frequently; (c) obstructed the progress of the bus operated by the victim by frequently operating the operation of the bus; (d) on the top of the Dobong-gun Office in the same Ri, the victim was able to stop the vehicle of the Defendant and stop the vehicle from the vehicle to the Defendant, which is a dangerous object for the Defendant to stop at the vehicle, by driving the speed of the speed of the above vehicle, the left part of the victim's left part of the front-hand part of the vehicle, and by taking the right side of the victim's left part of the vehicle with the wheels of the victim's right side of the front side of the vehicle.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate for injury), a report on investigation (verification of a black box image, and an abstract of images of crimes);

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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Type 1 (Habitual Injury, Bodily Injury, Bodily Injury and Special Bodily Injury) (one year to two years and six months) (Special Mitigation) shall be mitigated area (one year and six months).

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