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(영문) 서울중앙지방법원 2013.08.08 2013고단152
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

On August 10, 2012, around 15:40 on August 15:40, 2012, the Defendant: (a) demanded the payment of the repair cost for the said car; (b) demanded the victim F (32 years of age) to stop the car on the road near Seogu, Seogu, Daegu; and (c) demanded the Defendant to stop the car.

Accordingly, the Defendant carried with a deadly weapon or other dangerous objects and put the victim into a base for treatment for three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. A CD containing on-site CCTV images;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. For the sentencing reason of Article 62 (1) of the Criminal Act [Determination of Punishment] Sentencing reason of the suspended sentence under Article 62 (1) of the Criminal Act: (a) habitual injury, repeated injury, and special injury (special injury): One year and six months (the scope of recommendation) - one year and six months - two years and six months (the scope of recommendation): In light of the Criminal Code which resulted in a serious threat to the life and body of the victim by operating a motor vehicle as it is with knowledge of the fact that the victim has carried the motor vehicle; (b) there is a history of punishment for the crime related to the motor vehicle and violence before the crime in this case; (c) there is a history of punishment for the crime related to the crime in this case before the crime in this case; (d) there is no full recovery of the damage of the victim: relatively minor; (d) the injury itself caused by the crime in excess of the risk of the crime in this case appears to have occurred by contingently; (e) the defendant deposited a fine exceeding six million won to recover the damage; and there is no previous conviction, Defendant’s age, occupation, character and circumstances after the crime in this case.

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