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(영문) 수원지방법원 2013.12.06 2013고단4840
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

The defendant is driving C urban buses.

1. On August 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) destroyed the victim F (48 years of age) who driven D urban buses (E) at the bus stops located in front of the exit area of 18 in the Suwon-gu, Suwon-gu, Suwon-si, no more than 10:40 on August 23, 2013, when the victim F (5 years of age) who obstructed his/her career while getting the customer to board and alight his/her bus, which is a dangerous object that had been kept on his/her bus, destroyed the fire extinguishers by cutting the glass door on the side of the driver’s seat of the D urban bus.

2. The Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) was sealed once by the head of the victim through a fire extinguisher, which is a dangerous object, at the time and place specified in paragraph (1) for the said reasons, through a window of free will.

Accordingly, the defendant set up the left side of the 14-day medical treatment and the back side of the 14-day medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1.The police statement with respect to F;

1. Application of Acts and subordinate statutes of a photograph of damage and a written diagnosis of injury;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As the defense counsel's assertion regarding the defense counsel under Article 62 (1) of the suspended execution Act, Article 60 (3) of the Juvenile Act asserts that the fire extinguishing machine of this case is not dangerous with a size of 30 cm, the act of the defendant in lives of the defendant in lives is when the victim's head was attached to the above fire extinguishing machine, and the victim's head was set at one time as fire extinguishing machine without opening the door of bus driver's seat, in light of the method of use and the circumstances at the time of the crime.

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