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(영문) 대전지방법원 2015.08.05 2015고단898
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who engages in construction business.

1. On July 20, 2014, the Defendant, without obtaining a driver’s license, driven an EW car from the front day of the “The Republic of Korea-U.S. M. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. C

2. The Defendant tried to park the said car in front of the aforementioned “Dcafeteria,” but, on the ground that the Victim F (F, South and 45 years old) was prevented from parking the Defendant’s vehicle, the said car, which is a dangerous object to the victim, was driven by the victim to the front gate part of the vehicle, and the victim’s flap with the front gate part of the vehicle. The victim’s flaping of the flap of the flap of the flap of the flap of the flap, led the victim to the flap of the flap of the vehicle. As the flap of the flap of the flap of the flap, the flap of the flap of the flap, led the victim to the flap of the flap

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. An explanatory invoice (license ledger) (the fact that it was in the form of No. 2 on the market); 1. Witness F and G respective statutory statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act; Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 283(1) of the Criminal Act (Amended by Act No. 12896, Dec. 30, 2014); Article 152 Subparag. 1 and 43 of the Road Traffic Act (amended by Act No. 12896, Dec. 30, 201)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The defendant under Article 62-2 of the Criminal Act of the community service order.

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