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(영문) 수원지방법원 2014.05.14 2014고단942
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:40 on September 29, 2013, the Defendant started a car in the C Coh, which was parked at the high speed of the wife population, and went to the right side of the victim D(24 years old) driving, which was parked on the left side, with the front side of the vehicle of the Defendant, and attempted to reach an agreement with the victim F(24 years old), G(23 years old), etc., the Defendant again tried to escape at the above C Coh, which the victims refused to accept a proposal that KRW 100,000 in cash will be paid as repair cost, and the Defendant again tried to escape from the vehicle in the above C Coh, Ltd.

Accordingly, in order to prevent the defendant from escape, the victim D knife the driver's seat knife, the victim G knife the back of the driver's seat, and the victim F knife the course on the front of the vehicle, but the victim F knife the vehicle, as it is, the defendant knife the victim D and G knife the vehicle, and the victim F knife the vehicle of the defendant while avoiding the vehicle by getting off the vehicle from the front driver's seat of the defendant.

The Defendant, using a vehicle, which is a dangerous object as above, inflicted injury on the victim D, such as light salt in the right side, which requires approximately two weeks of treatment on the right side for the victim G, and inflicted injury on the victim F, including the right side in the right side, which requires approximately two weeks of treatment on the right side for the victim G, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against D or F;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., grounds favorable to the following reasons for sentencing):

1. Reasons for discretionary mitigation, etc. under Article 62(1) of the Criminal Act;

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