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(영문) 수원지방법원 2015.02.04 2014고단3969
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. Around 20:50 on June 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), while driving a mast car on the front side of the Mast car in the Tran-gu, Suwon-gu, Suwon-gu, Gyeonggi-do, the Defendant left the front part of the Mast car driven by the victim D by following the car, while driving the mast car.

The Defendant opened a door to a driver's seat and extracted the key of a passenger car, thereby making it impossible for the Defendant to drive a passenger car any longer, and the Defendant maintained the damaged object, which is a dangerous object in the passenger car.

As a result, the defendant injured the victim about two weeks of treatment, which requires two-time treatment.

2. The Defendant assaulted the victim E, who is the victim of the said D’s child at the time, time, place, and place described in paragraph 1, to speak the Defendant’s behavior under paragraph 1 above, and to take the victim’s face one time by drinking it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the examination of the witness in relation to D of this court;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Mutic photographs and booms video products;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant legal provisions concerning facts constituting an offense: The occupation of violence under Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act: Article 260 (1) of the Criminal Act;

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

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

1. As to the Defendant’s assertion under Article 48(1)1 of the Confiscation Criminal Act, the Defendant asserted that the victim tried to threaten himself/herself to defend himself/herself, but considering all circumstances such as the background, purpose, means, intent, etc. of the instant injury crime known by the aforementioned evidence, the Defendant intended to defend himself/herself.

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