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(영문) 춘천지방법원 원주지원 2015.02.05 2014고단933
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2014, at around 09:35, the Defendant assaulted the victim by means of driving the said car, which is a dangerous object to block the front of the G Viewing Car, where the victim D (the 59-year old age), who is the former wife, was in front of the F farm located in Gangwon-gun E.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (no particular criminal record exists except for the previous convictions of a total of two fines before the lapse of 1988 and around 2003, taking into account the circumstances of this case);

1. Article 62 (1) of the Criminal Act (Reasons for discretionary mitigation and age of defendants, etc.);

1. Article 25 (3) 3 and Articles 32 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings of Application for Compensation;

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