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(영문) 수원지방법원 여주지원 2015.08.11 2015고단496
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around May 1, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a F EFstyna car at a section of about 300 meters from the Do front of the “C” restaurant in Ischeon-si without obtaining a driver’s license, to the road next to the “Ewon” in E-si, Ischeon-si.

2. On May 1, 2015, the Defendant violated the Punishment of Violence, etc. Act (collective violence, deadly weapons, etc.) (hereinafter “C”), around 22:15, 2015, the victim G (hereinafter “V”), who demanded the Defendant to take up a standing signboard in front of the restaurant “C” in front of the restaurant in Ison-si (hereinafter “C”), to take a string, 49 years of age), “gh, flick, and flick,” and the Defendant was 4-5 times away from the victim’s flick part, which is a dangerous thing for the victim to prevent the front of the vehicle.

Although the Defendant continued to move a vehicle behind the said vehicle and tried to run away in the future after moving the vehicle behind the said vehicle, the Defendant was kneeed by the victim with knenee who was kneeed by the victim of the said vehicle in front of the said vehicle, which is a dangerous object, by stating that the victim “Flonday and clearly talked about it.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. On-site and photographs of victims, and photographs of damaged parts;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. From among concurrent crimes, the concurrent crimes with the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that provided for in the Punishment of Violences, etc. Act) shall be deemed to be concurrent crimes;

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