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(영문) 의정부지방법원 2016.02.03 2015고단2803
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 26, 2015, the Defendant: (a) as a driver of a car C car, committed an assault in the vicinity of the “Ewa Holdings” street located in Kuri-si around 11:00 on April 26, 2015; (b) on the ground that the car driven by the Victim F (42 Do) was set off immediately before the victim’s driving, on the ground that the car was cut off to the Defendant’s driving lane, and the accident was obvious on the day of the accident; (c) concealed the victim by using another lane; and (d) assaulted the victim by allowing the victim’s car to rapidly enter the said car, which is a thing dangerous to the vehicle driven by the victim, to conceal the Defendant’s car.

Summary of Evidence

1. Statement made by the police with regard to F;

1. Investigation report (examination of Appellants submitted by a complainants and video files);

1. Application of the Act and subordinate statutes 1 copy of a black box video CD [the criminal facts of the defendant can be acknowledged according to the evidence of the shower video, etc. at the time of the time]

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was assaulted by shocking without sea while driving a motor vehicle, and the possibility of causing a large number of accidents is considerably high, and the defendant seems not to have been able to reflect yet.

However, there are circumstances such as the fact that the injured person was not injured due to the above crime of the accused person, the majority of the accused's records of violence, but within 20 years, all of them are fine records, and the punishment is determined like the order.

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