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(영문) 수원지방법원 평택지원 2015.08.12 2015고단888
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 10, 2015, the Defendant violated the Road Traffic Act (driving) driven D Poter Cargo under the influence of alcohol at approximately 0.163% of alcohol alcohol concentration from a section of about 5km from the front of the snow reservoir located in the Ansan C, to the front road of the Dong C in the same city at the same time.

2. Around May 10, 2015, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) and the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) committed the Defendant’s act of assaulting the victims of the Defendant’s c’s wife E (here, 46 years of age) under divorce procedures at C’s house, on the ground that the victim’s wife E (here, 46 years of age) under divorce procedures does not come from C’s house, and thereby, damaged the Defendant’s c’s chere vehicle, which is the victim E and his/her dependent, by moving back to the lower part of the Defendant’s c’s chere vehicle, which is a dangerous object of the victim’s chere-owned vehicle, and caused the Defendant’s 869,526 won to be damaged by the repair cost, such as the front half-way driver’s vehicle.

Accordingly, the defendant carried dangerous articles, assaults victims, and damaged the victim E's property.

3. The Defendant suffered injury, damage to property, etc. at the time and place set forth in paragraph 2, and at the same time and place, the victim E opened a driver’s seat of the said vehicle so that the said victim E may face with the driver’s seat and walked with the driver’s seat, and when the victim’s right shoulder part of the victim’s right shoulder is taken one time as a drinking a week by drinking, the victim would be at least 2 weeks of the shoulder and the above arms in need of medical treatment, and damaged the 79,200 won of the repair cost, such as a plate.

Accordingly, the defendant injured the victim and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. The circumstantial statement of an employee will be made;

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