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(영문) 대전지방법원 2014.08.29 2014고단2063
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

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 26, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) found the victim’s F (34 years old)G (35 years old) behind the victim’s early stop while driving the EM motor vehicle on the road in front of the Daejeon U.S. V. C, while driving the EM motor vehicle under the influence of alcohol on May 23:19, 2014, the Defendant: (a) was able to ask the victims to “whether he/she would have soned”, and (b) was able to receive the victim from the victims, and (c) was knicked by the victim’s knife and the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife k.

2. Around 23:30 on the same day, the Defendant driven a e-mail vehicle while under the influence of alcohol by about 0.122% in the section of approximately 2 km of blood alcohol, from the Do in front of the gallongal gallon of Daejeon Sung-dong, Daejeon, to the front road of the 595-22 Guamambol-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the FG;

1. Each police seizure report and seizure list;

1. Application of Acts and subordinate statutes to copies of the circumstantial report to a host driver;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (1) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act for forfeiture [the scope of recommending punishment], violent crime group, assault crime (type 6), mitigation area, prison labor from April to February 1.

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