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(영문) 수원지방법원 평택지원 2013.11.13 2012고단1376
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around 01:30 on January 14, 2012, the Defendant is driving a e-high vehicle in front of the D convenience points in Pyeongtaek-si C.

The reason was that the victim F(39 years of age) and the victim G(39 years of age) who had been living there was a dispute.

The Defendant laid down the spons, which are dangerous objects in possession of the Defendant, to the victims, and displayed them two times to the left side of the Victim F, and once again sold the Victim G.

When the victims reported to the police continuously, while the victims were trying to escape from the above vehicle, the victims F continued to proceed to the above vehicle, leading the victims about about 15 meters, and exceeded the floor.

As a result, the Defendant carried dangerous objects with the victim F, and inflicted injury on the left-hand dynasium, cerebral dye, etc. which requires treatment for about two weeks, and assaulted the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Legal statement of F in the third protocol of the trial;

1. Statement of the police officer to I;

1. G statements;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the investigation report (on-siteCCTV verification);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act concerning the punishment of a deadly weapon;

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

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The alleged defendant and his defense counsel asserts that there is no fact that the defendant has taken the victim G in a three-dimensional form.

2. The following facts and circumstances acknowledged by each evidence of the judgment, i.e., the victim F, from the investigative agency to this court:

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