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(영문) 대구지방법원 안동지원 2016.01.22 2015고단774
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on September 2, 2015, 15: (a) 15:10 on September 2, 2015, she saw the victim B (58 years of age) to drink in the Fpoter vehicle parked in the front of the Hajon-gun, Chungcheongnam-gun, Gyeongbuk-gun, D.

However, when the victim refuses to do so, the victim's face is 2 times with the hand floor, and the victim's face is 2 times. While the defendant and the victim get off from the vehicle, the defendant collected the hack pipe (3m in length, 3cm in diameter) which is a dangerous object in which the defendant was placed, and hacks the head of the victim one time.

As a result, the defendant carried dangerous objects and carried them about about 10 days to give medical treatment to the victim.

2. Defendant B was sentenced to a fine of three million won on March 28, 2014 as a crime of violating the Road Traffic Act in the Daegu District Court’s support on March 28, 2014, and was sentenced to a fine of six million won on September 16, 2015 due to a violation of the Road Traffic Act in the support of the Daegu District Court’s Ansan-dong branch.

Although the Defendant had been driving force twice or more as above, the Defendant driven F Cargo Vehicles with approximately 15k alcohol concentration 0.101% under the influence of alcohol in blood without obtaining a driver’s license from the H house located in the G G in the G in the G in the G in the G in the Chyeong-gun in the city of Pyeongtaek-gun in the city of the same day as the above paragraph 1, to the house of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Each internal investigation report, investigation report, and accompanying documents;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (Attachment to summary orders);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 258-2 and 257(1) of the Criminal Act (the main sentence of Article 8 and Article 1(2) of the Criminal Act shall apply to special injuries and the application of Article 8 of the Criminal Act);

(b) Defendant B: Articles 148-2(1)1, 44(1)(d) and 152 subparag. 1 and 43(d) of the Road Traffic Act;

1. Defendant B, who had ordinary concurrence: Articles 40 and 50 of the Criminal Act.

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