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(영문) 수원지방법원 안산지원 2014.06.26 2013고단1565
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

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

1. Around January 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (collective intimidation, deadly weapons, etc.) operated a Estyna vehicle on the street in front of the D cafeteria in Ansan-si, a member C at the same time on January 10, 2013, and operated a two-lane vehicle of the victim F (30 years old) driving from the parking lot to the two-lane, which entered the parking lot, with the intention that it would interfere with the Defendant’s course, making a rapid elevation and a light, while driving a two-lane along the victim’s car driving on two-lanes as the Defendant’s car shocks the victim’s car, and immediately after changing the victim’s vehicle from the close distance to the victim’s vehicle.

Accordingly, the defendant carried dangerous objects and expressed his attitude that seems to inflict any harm on the body of the victim, and threatened the victim.

2. At around 10:30 on May 12, 2013, the Defendant: (a) 10:40 on May 12, 2013, the Defendant injured the Victim J (the age of 47)’s breath of flap, which followed the reason that he she sawd in the street near the I Hospital located in Ansan-si, Ansan-si; (b) breath of flap and tensions the victim’s right-hand blap, and caused the victim’s injury to the b1-day flap and tension.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness F, K, J and L in the protocol of the second and third trial;

1. Each prosecutor's statement concerning J and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes of photographic and black stay images;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime (the point of injury and the choice of imprisonment);

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. The Criminal Act, the suspension of execution;

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