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(영문) 춘천지방법원 강릉지원 2015.01.07 2014고단730
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

On July 19, 2014, the Defendant 13:30 on the street of the border intersection, which is located in Gangseo-si, 2933-0 (Dong 1 Dong) in the fung-si. On the ground that the victim C(34 years of age) and C was at the time of trial due to the vehicle operation problems, and the victim C was at the time when the vehicle operation problems indicate that "the operation is immediately harmful to the operation of the vehicle." On the back of the D Sppo-si car operated by the Defendant, the Defendant saw the hack pipe ( approximately 70 cm in length, approximately 2.5 cm in diameter), which is a dangerous object to be used as a fishing being carried out from the back of the passenger vehicle operated by the Defendant, and reached one knick of the victim C who is seated in the seat of the vehicle.

On the ground floor, the defendant continued to resist the assault of the victim E (the age of 47) by her husband, the defendant continued to drive the above car as it is, which the defendant was seated by her husband, while driving the car, which is an object dangerous to the victim E, by driving about about 20 meters away from the vehicle, which is a dangerous object to the victim E. The victim's bridge part, etc. was led to the ground floor.

As a result, the Defendant carried dangerous articles and put the victim C with a diversopic mal wave of an unfluent baby in treatment days, and put the victim E with salt, tension, etc. in the part of the growing trees in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and E;

1. Each written diagnosis (C, E);

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 257 (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Probation, community service order and lecture order under Article 62-2 of the Criminal Act recognize the defendant's mistake and repents his/her offense, 3 million won for victims C, and 2 million won for victims E.

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