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(영문) 대전지방법원 서산지원 2014.04.18 2014고단36
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 23:20 on December 15, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc.) demanded the victim E (37 years of age) to move his/her vehicle to D while he/she was sitting in the top of a motor vehicle operation in front of the Jinjin-si, having stopped on the front of the motor vehicle operation of his/her friendship on the road in front of the Jinjin-si, and demanding the victim to move his/her vehicle while standing in the road, and then he/she returned to the victim's vehicle. The victim's head can be taken by drinking the victim's vehicle after driving the motor vehicle in front of the victim's vehicle. The victim's head can be taken by taking the knife knife knife knife knife knife knife knife knife and knife knife knife knife k, leading the victim's.

2. The Defendant in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) inflicted bodily injury on the victim at a time and time, as described in paragraph (1), and knife and damaged four knife and knife the sum of market prices owned by the victim, which amount to 520,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Each injury diagnosis letter;

1. Receipts:

1. Application of photographs, investigative reports (Attachment of Blucs and video files) and Attachment Tracs Act and subordinate statutes;

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 366 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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