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(영문) 인천지방법원 2015.10.07 2015고단5313
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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

around 13:30 on June 20, 2015, the Defendant: (a) while driving a motor vehicle B at the front of the calculated main apartment zone in the name of Incheon Gyeyang-gu along the two-lanes of the Seoul direction of the road in the direction of Seoul, the Defendant: (b) driven the motor vehicle B along the two-lanes of the Seoul direction of the road; (c) on the ground that the D Bus No. 3000, belonging to the "new traffic" of the victim C (the age of 57) was living in the front of the motor vehicle of the Defendant, the Defendant driven the motor vehicle of the Defendant, driven the motor vehicle, driven the motor vehicle of the victim; (d) changed the lane in the future, parked the vehicle before the bus; and (e) was stopped by the victim who was on board the passenger; and (e) was forced

In this respect, the defendant carried a dangerous object, and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site photographs, and black stuff analysis photographs;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence for the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year) of the crimes of assault (Habitual, repeated, and special assault) (one month) (one year to ten months) shall not be included;

2. In light of the facts that the Defendant recognized the instant crime and against the Defendant, and that there is no record of the suspended sentence or heavier punishment, this case’s punishment shall be determined as ordered in consideration of the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., as well as the circumstances after the instant crime.

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