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(영문) 수원지방법원 성남지원 2013.05.31 2013고단845
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:40 on March 13, 2013, the Defendant discovered that the victim C (the 40-year-old age) who was all divorced on the road in front of the apartment house B in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter referred to as “C”), drives the Eststya car to talk with C, while the victim driving the Estya car in order to talk with C, but the victim did not stop the vehicle, which is an object at the risk of driving the vehicle of the victim, and put the vehicle into the right part of the vehicle. The Defendant took the back part of the victim’s vehicle one time in front of the vehicle, and the victim was shocked to the right part of the vehicle of the Defendant’s vehicle to the right part before and after the driving of the vehicle. The victim took the front part of the victim’s vehicle again without stopping the vehicle.

Accordingly, the defendant used a car, which is a dangerous object, to assault the victim C by taking advantage of the victim's car, and at the same time damaged the victim F's car owned by C to be in excess of 3,211,061 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act (the occupation of violence against carrying dangerous articles), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of carrying and damaging dangerous articles);

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 (i.e., the fact that the defendant acknowledges and reflects the error and that the defendant agreed with the victim);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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