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(영문) 인천지방법원 부천지원 2013.04.26 2013고단449
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. On November 20, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) caused the Defendant to damage KRW 44,000 on the street before the “D convenience store located in Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City” (hereinafter “D convenience store”). However, the Victim E, who was parked there, could not move the Defendant’s body string car at the Defendant’s driving. However, the Defendant damaged the 44,000 won of the repair cost by getting off the camping room, which is a dangerous object, from the front side of the said marina car.

2. In violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), the Defendant refused to receive KRW 50,000 won in cash given by the said victim and demanded insurance processing, with both hand, brought the victim's head from the driver's seat by putting him/her into the driver's seat, making the victim's head tightly with his/her head one time, and making the gate room, which is a dangerous object off the victim's head with his/her head with his/her head, at the same time and place as in the preceding paragraph. The above camping net refers to "brut", and the victim tights the victim with his/her hand in the state of his/her loss, and she tights the victim's shoulder with the camping net three to four times.

As a result, the Defendant carried dangerous things with the victim and inflicted bodily injury on the victim, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. On-site photographs;

1. A written diagnosis of injury;

1. Application of the statutes governing vehicle estimates;

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act concerning the Punishment of Violences, etc.;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The motive, means, and results of the instant crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the age, criminal administration environment, and the Defendant’s objection.

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