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(영문) 창원지방법원 진주지원 2014.05.16 2013고단868
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

At around 20:10 on May 25, 2013, the Defendant continued to drive the said vehicle without complying with the Defendant’s request from the victim to stop the vehicle in accordance with the direction of the victim, while driving the CKa car on the road in front of the free market located in the opposite Dong at the Jinju-si. The Defendant continued to drive the said vehicle without complying with the Defendant’s request from the victim to stop the vehicle in compliance with the direction of the victim.

Accordingly, in order to stop the vehicle, the victim immediately released the above vehicle, which is dangerous object, in order to avoid the crackdown on driving under the influence of alcohol, by inserting the vehicle into an open window in order to stop the vehicle, and tried to drive the vehicle for about 5 to 10 meters away from the road floor.

As a result, the defendant carried dangerous objects and interfered with legitimate execution of duties by public officials, and at the same time, with the victim's damage to the salvity of many parts requiring medical treatment for about three weeks, and with the salvity and tensions, the lower class and the upper class.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act (the point of causing bodily harm to a person carrying dangerous articles); Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of official duties carrying dangerous articles);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Punishment of Violences, etc. that is heavier than the punishment shall be imposed);

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

1. For the reasons for sentencing under Article 62(1) of the Criminal Act, the police officers assigned to each month who control the victim in order to avoid the crackdown while driving a motor vehicle while under the influence of alcohol and rapid launch of the motor vehicle;

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