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(영문) 전주지방법원 군산지원 2014.12.03 2014고단1055
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The defendant is the head of C’s partnership, and the victim D(55) is a member of the partnership.

At around 15:30 on May 6, 2014, the Defendant demanded an interview of the victim in front of the management office of the Masco apartment apartment in Yasan-si, Yasan-si and prevented the progress of the vehicle from behind the E-cub vehicle driven by the Defendant, but tried to depart from the match.

Accordingly, the victim was going to go up to the right angles in the front of the above vehicle, and the defendant was driving the above vehicle, which is a dangerous and dangerous object, while driving the vehicle.

It is fele in the victim's kneel caused the victim's kneel to face the vehicle by shacking one parking lot so that the vehicle has been returned to the left-hand side, and knee of the victim caused the victim's kneel by repeating one parking lot sofing block.

In addition, when the defendant tried to drive the vehicle after cutting down from the above parking lot, he was unable to drive the vehicle in the above parking lot to the victim's blick.

As a result, the Defendant carried a dangerous object-related vehicle and inflicted injury on the victim, such as sleeps and strings on both sides, sleeps, slinum base, 4, 5, and 5, which require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances leading to the instant case and points agreed with the victim);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

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