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(영문) 춘천지방법원 2014.12.23.선고 2014고단857 판결
폭력행위등처벌에관한법률위반(집단·흉기등상해),폭력행위등처벌에관한법률위반(집단·흉기등재물손괴등),도로교통법위반(음주운전),방실침입,건조물침입
Cases

2014 Violation of the Punishment of Violences, etc. Act (Bodily Injury by Group, Deadly Weapons, etc.);

Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)

damage, etc., the violation of the Road Traffic Act (driving by drinking), the outflow of a room;

Access to a structure;

Defendant

A

Prosecutor

Park Jong-soo(prosecution), Kim Tae-dae(Public Trial)

Defense Counsel

Attorney B

Imposition of Judgment

December 23, 2014

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

It is as shown in the attached facts charged.

Summary of Evidence

Facts No. 1, 2

1. Defendant's legal statement;

1. The first and second police statements concerning C;

1. Written statements;

1. Report on the circumstances of the driving of a motor vehicle;

1. A written diagnosis (C) and written estimate;

Facts No. 3

1. Defendant's legal statement;

1. The second police statement concerning C;

1. Investigation report (related to verification of unauthorized visit of the victim's room by the suspect) and CCTV images attached thereto;

1. Investigation report (referring to telephone statement related to intrusion);

Judgment 4

1. The legal statement of the witness C (excluding the part in which the defendant's statement was rewritten again from E);

1. Application of the Acts and subordinate statutes concerning the confession statement made by the accused among the witness E and F’s respective legal statements;

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 366(1) of the Criminal Act; Articles 148-2(2)3 and 44(1) of the Road Traffic Act; Article 319(1) of the Criminal Act (in the case of the operation of a mobilely weapon, the operation of a mobilely weapon); Article 319(1) of the Road Act (in the case of the operation of a mobilely weapon

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (a violation of the Punishment of Violences, etc. Act (a crime of injury by a group, deadly weapon, etc.) and a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a crime of causing damage by a deadly weapon, etc.) and a criminal punishment heavier than punishment

1. Selection of species;

Selection of imprisonment with prison labor for the violation of the Road Traffic Act (driving), the violation of the Road Traffic Act, the intrusion of a room, or the intrusion of a structure.

1. Aggravation for concurrent crimes;

Article 37 of the Criminal Act, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Violation of the Punishment of Violences, etc. (Bodily Injury by Group, Deadly Weapons, etc.)

1. Discretionary mitigation;

Article 53 and Article 55 (1) 3 of the Criminal Code (the crime except for the inflow of a building) of the Criminal Code (the crime committed by a person who has not been sentenced to imprisonment without prison labor or more until now, etc.) of the Punishment of Violences, etc. Act (the destruction and damage, etc. of a group or a deadly weapon), the violation of the Road Traffic Act (the driving by drinking), the intrusion of an intrusion, and the intrusion of a structure shall be set forth in the sentencing guidelines.

○ Violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.)

[Extent of Recommendation] Type 1 (Habitual Injury, Bodily Injury, Bodily Injury) (2) year to 4 years) of the basic area

【Special Convicted Person】

* Scope of sentence comparison between applicable sentences and recommended types: 2 to 4 years

【Determination of Sentence】

Considering the crimes for which the sentencing guidelines have not been set, the lower limit of the above sentencing guidelines should be considered as the lower limit of the entire crime of this case. This is highly dangerous for the Defendant to commit the crime of this case, and the Defendant did not agree with the victim (the Defendant’s deposit of KRW 1.5 million, which cannot be deemed sufficient for the victim to recover from damage), the Defendant denies some of the crimes, and there is no light that misunderstanding the error. Other circumstances revealed in the oral proceedings of this case, such as the reasons for discretionary mitigation, the victim’s situation of damage, the Defendant’s family relationship, occupation, etc., shall be determined as ordered.

Judges

Judge Maximum amount of money

Attached Form

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

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