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(영문) 의정부지방법원 고양지원 2014.05.16 2013고단2305
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 November 9, 2013, the Defendant: (a) while driving a high-speed cruise car in front of the 617-8-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the Defendant expressed the victim E (35 years of age) who is the birth of the Defendant, on the way to which D, who is the birth of the Defendant on the top of the said passenger car operation, would be on the way. The Defendant expressed the Defendant’s desire to “I am feas, I am for the early use, I am for the first test, and I am this son.” The Defendant set the head window frame of the said passenger car at his hand.

피고인은 피해자가 손으로 위 승용차의 조수석 창문틀을 붙잡고 있는 것을 보고 피해자를 승용차에서 떨어뜨리기 위하여 위험한 물건인 승용차의 속도를 갑자기 높여 진행함으로써 피의자를 승용차에 매단 채 약 30m 이동하고, 결국 붙잡고 있던 창문틀을 놓치게 된 피해자를 바닥에 떨어져 뒹굴게 하였다.

In this respect, the defendant carried a motor vehicle, which is a dangerous object, and caused damage to the integrity of the following bridges in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Application of the photograph (CCTV) Acts and subordinate statutes;

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. Suspension of execution is decided as above on the grounds of Article 62(1) of the Criminal Act (the circumstances that may be considered in the context of the instant crime, the full agreement with the victim was made, the Defendant did not have any previous criminal record, the Defendant divided his/her mistake, has yet to age, and all the circumstances revealed in the record such as family relationship and support duty of the Defendant are considered) or more.

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