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(영문) 대구지방법원 2014.03.13 2013고단5871
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

On July 30, 2013, around 23:25, the Defendant continued to board the Defendant’s New EEF Lastyna car around the female-friendly zone D of the victim C(29 years of age) on the road near the Gyeongdo-si, Gyeongdo-si.

Accordingly, female-friendly d of a frighter victim, who was frighten, requested the victim to walk on the phone, and the victim was fright together with the female-friendly d at the same place.

The Defendant operated his rocketing car, and called “n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't l'

In order to stop the Defendant’s operation, the Defendant: (a) Had the victim, while driving away the car, opened the driver’s seat in his hand and opened the right door of the car in the said rocketing car; and (b) caused the victim’s occurrence, etc. to put the door of the car into the said rocketing car; and (c) caused the victim’s occurrence, etc. to wear the door of the said rocketing car for about three weeks, thereby causing the victim to suffer damage to the sufficient pressure tracing for three weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and D;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da11338, Apr. 2, 20

1. Article 62(1) of the Criminal Act (Discretionary mitigation)

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