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(영문) 대구지방법원 김천지원 2016.01.20 2015고단1246
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2015, the Defendant damaged special property at a point of approximately 100 meters in the direction of the Handong-dong Park Park Park in the direction of the Gudong-dong Dondong-dong Park Park (hereinafter “Seoul”) to prevent the Defendant from blocking the Defendant’s front-time vehicle, and the victim C, who was in a relationship with the front-time engine, was in a fluoral relationship, has been sufficiently prevented the Defendant from blocking the Defendant’s front-time vehicle. The Defendant diversed the Defendant’s front-time vehicle, which is a dangerous object at the between the Defendant and the bitle of the Defendant’s vehicle, with the low string of the vehicle’s front-time vehicle, and caused the damage to its utility by damaging the glass window so that the amount equivalent to KRW 9

2. In the date, time, and place under the preceding paragraph, the victim C(42) reported the victim C(S) to get off from the vehicle, and the victim’s parts and side gates of this part and the victim’s side gate were set off one time with an Aluminium air-conditioning room, which is an object dangerous to the victim C(S). The victim suffered injury, such as multiple sprinking boxes, etc., which require approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. In the application of Acts and subordinate statutes, an investigation report (including documents attached to the victim's upper part and the attachment of photographs to the damaged vehicle (including Chapter VIII photographs attached) / In the event of an investigation report (in the event of attachment of a certificate of injury), an injury diagnosis report / In the event of an investigation report (including an attachment of a written estimate to damage from motor vehicles of the victim (including a

1. Relevant legal provisions concerning facts constituting an offense, Articles 369 (1), 366 (a), 258-2 (1), and 257 (1) of the Criminal Act (a point of causing damage to dangerous goods and options of imprisonment) of the Criminal Act, the choice of punishment for an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution (the fact that the defendant recognized all the crimes of this case and reflecteds his mistake, and the former part of the defendant's wife excluded the relationship with the victim, and is in line with the defendant again.

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