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(영문) 수원지방법원 여주지원 2015.04.03 2015고단11
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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 became final and conclusive.

Reasons

Punishment of the crime

On September 29, 2014, the Defendant: (a) was driving the Defendant’s vehicle B in the offline of the offline apartment of the offline 83-36 Scoo-ro, Scoo-ro, domin, and (b) was driving the Defendant’s vehicle B at the offline of the offline apartment of the offline 83-36, the Defendant took a warning to the victim C (50 years of age), stating that “I will stop the way, I will see if I will see it,” and went off from the said vehicle.

After that, the Defendant tried to drive the said car, but the victim obstructed the front of the said car, set the front door of the said car, and operated the said car to around 200 meters from the front door of the said car to the apartment set on the front door of the said car. The victim operated the said car on the front door of the said car to the front door of the apartment set on the front door of the said car.

Accordingly, the defendant used the car, which is a dangerous object, to assault the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes, such as photographs of vehicles, etc.;

1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 260 (1) of the Criminal Act (the point of assaulting carrying dangerous objects);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (refluence of the favorable circumstances among the reasons for sentencing) is that the defendant committed a crime, such as the fact that the defendant might have caused a serious injury to the victim by putting the victim in front of the vehicle bat, etc., and that the defendant committed a crime, and that the defendant does not wish the punishment of the defendant by mutual consent with the victim. The case is that the victim does not want the punishment of the defendant by mutual consent with the victim. The case is favorable circumstances such as the fact that the defendant was a criminal by interesting in the end of the defendant's vehicle bat, and other favorable circumstances such as the defendant's age, family environment, motive for the crime.

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