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(영문) 광주지방법원 목포지원 2015.01.08 2014고단1545
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 became final and conclusive.

Reasons

Punishment of the crime

On June 14, 2014, around 11:30 on 11:30, the Defendant parked two automobiles parked at the Dop 3206 front parking lot, and reported the fact of the accident to the insurance company to which the Defendant joined, and the victim E (Nam and 29 years old) who is an employee of the insurance company was dispatched to the scene of the accident.

After that, the Defendant asked the victim to conceal the fact of drunk driving, but the victim rejected it.

Accordingly, the Defendant examined the Defendant's car in front of the Defendant's car before the Defendant's car so that the Defendant was unable to proceed with the Defendant's car, and even if he prevented the Defendant from driving his car, the Defendant followed the Defendant's car twice.

The Defendant continued to prevent the Defendant from driving his car, resulting in the victim's knee part in front of the driver's car, which is a dangerous object by allowing the Defendant to stop the Defendant's car, and suffered the victim's knee part, and suffered injury on each side of the slots that need to be treated for about two weeks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:

2. Determination of the scope of sentence: A person who is subject to special mitigation in terms of mitigation, one year and six months from June to June: A minor injury, or a person who is subject to special mitigation: At least two persons who are subject to special mitigation in terms of punishment, but according to the lower limit of the applicable sentencing in law.

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