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(영문) 대전지방법원 홍성지원 2014.06.11 2014고단178
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and damage, etc. to property);

A. On December 22, 2013, the Defendant: (a) around 07:00 on December 22, 2013, 2013, around 07:00, the Defendant: (b) reported that the victim D, who had livedd with the Defendant, she was at the seat of the Defendant and provided clothes; and (c) caused damage to the victim’s front of the EEX car owned by the victim, which was parked in front of the said CPC, by using a net value, which is a dangerous thing that is a dangerous thing, to the extent that the repair cost is KRW 4.8 million.

B. The Defendant: (a) caused the damage of KRW 651,882 of the repair cost to the front and right edge of the said car by misunderstanding the G rocketing car owned by the Victim F, which was parked in front of the said CBa at the above date and at the above place, into the passenger car of the said D; and (b) caused the damage of the said car by misunderstanding the G rocketing car into the passenger car of the said D.

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) set forth in paragraph (1) and set off a passenger car from the victim D (the age of 57) in a place and set forth in paragraph (1), and carried out the sale of the victim as an article dangerous to the victim, and put the victim into the right arms in need of approximately two weeks of treatment.

Summary of Evidence

【Court of Second Instance 1】

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Photographs of the damaged vehicle (the fact of subparagraph 1-b in the board);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. A photo of the damaged vehicle;

1. Written estimate (G) (2)

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The point of causing damage to an article dangerous to the relevant criminal facts: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1)1 of the Criminal Act.

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