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(영문) 대전지방법원 2015.03.19 2014고단4443
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant shall be punished by a fine of 300,000 won for the crime No. 2 in the judgment of the court with respect to the crime No. 1.

Reasons

Punishment of the crime

On January 22, 2014, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on January 22, 201, and the said judgment became final and conclusive on January 30, 2014.

1. Around 11:50 on February 12, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), and around D field located in Seo-gu Daejeon, Daejeon, Daejeon, the Defendant carried out an operation of the board joints with the human parts, and the victim E (the age of 65) tried to go up to the vehicle to get the vehicle to get the vehicle out of the vehicle due to the point of time during which the Defendant was in farming, and the Defendant tried to get the vehicle out of the vehicle to get the vehicle to get out of the vehicle. In the wind where the Defendant did not completely open the vehicle, the Defendant’s bridge was cut down between the Defendant’s door and the door, which was a dangerous object in the vehicle’s head, and caused the victim to go up the hack, which was a dangerous object in the vehicle’s head and put the hacks into approximately one week medical treatment.

2. Around March 20, 2014, the Defendant damaged the property by having the said victim cut up about 30 confluences equivalent to the total market value of approximately 3,000 won in the dry field of the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of transactions;

1. Each written diagnosis;

1. Reference letters, investigative reports (fix of copies of judgment), application of the statutes governing decisions;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between the crimes in violation of the Punishment of Violences, etc. Act and the violation of the Road Traffic Act in which the judgment becomes final and conclusive;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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