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(영문) 광주지방법원 2015.06.18 2014고단3241 (1)
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 of the final judgment.

Reasons

Punishment of the crime

1. On April 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) committed an injury on the part of the victim D (Nam, 45 years of age) who ordered alcohol in the E-practice room operated by the victim D (manam and 45 years of age) in Gwangju Mine-gu, thereby listening to the victim’s drinking and then calculating the drinking value from the victim. However, on the part of the victim, the Defendant inflicted an injury on the victim, such as the damage of the scam, etc., two weeks of the scam that requires two-time treatment.

2. On June 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed assault against the victim, who was the driver of a motor vehicle running on a drinking road, when moving to G taxi driven by the victim FF (Nam and 64 years old) from the deaf-dong, Seo-gu, Seo-gu, Gwangju, by misunderstanding that the victim did not have the optimal route to the destination of the defendant, and tried to see that the victim did not have the optimal route, and then cut off the key of the said taxi.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each statement made by the defendant or the police suspect interrogation protocol against D;

1. Statement made by the police officer on F;

1. Reports on internal investigation and investigation reports;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts, photographs of strawer, and photographs of strawer disease;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Possession of dangerous articles: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

(b) Violence against drivers: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the long-term punishments for two crimes);

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

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

1. Probation and community service order;

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