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(영문) 수원지방법원 2016.09.08 2015고단5454
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 12, 2015, at around 22:25, the Defendant: (a) in front of the front of the front door of the building C in Suwon-si, the victim D (the 66 years of age) and parking fees, who is the parking manager of the above C building, were in dispute; (b) was able to have the victim go beyond the ground floor by EKaren car, which is dangerous objects owned by the Defendant; (c) was 10 meters fast away from the ground floor; and (d) the Defendant was prevented from moving the said vehicle; and (d) again, the Defendant got the victim back to the back of the said vehicle.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as perfor 14 days of medical treatment.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement made to D by the police;

1. A parking CCTV screen;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the case at issue of suspended sentence imposed an injury by pushing the victim on a passenger vehicle, which is a dangerous object, is not good in light of the risk of the crime. However, it is not good in light of the risk of the crime. However, considering the following factors: the defendant's mistake is against himself; the defendant has no record of punishment for the same kind of crime; the degree of injury to the victim is minor; and the victim has reached an agreement with the victim, the punishment is determined as ordered by taking into account the following factors: the defendant's age, character and conduct, environment, circumstances after the crime

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