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(영문) 인천지방법원 2014.02.13 2013고단7714
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

1. Around September 16:45, 201, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) received a claim that the Defendant unpaid KRW 6,000 of the parking fee from the victim E (year 77) who was a parking supervisor who was in charge of parking management and collection of the parking fee, but did not pay the above parking fee, and the said victim demanded the Defendant to continue to pay the parking fee by putting the FM5 car head glass, which was placed on the Defendant’s driving and demanding the Defendant to pay the fee, the said victim, who was placed a glass window for the vehicle due to a sudden separation, was placed above the road floor.

Accordingly, the defendant used the above car, which is a dangerous object, to put the victim into a closed frame, including the entrance of the shoulder to the right shoulder, which requires approximately 8 weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at a distance of approximately 800 meters from the front day of the above D parking lot to the front day of the Incheon Jung-gu Coastal Police Station Coastal Police Station in Jung-gu, Incheon, Jung-gu, the Defendant driven a FM5 vehicle while under the influence of alcohol concentration of about 0.057% at a distance of about 800 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. The actual condition survey report;

1. Statement of the circumstances and report on the detection of such a driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions, deadly weapons, etc. concerning facts constituting an offense: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (Selection of Imprisonment);

1. From among concurrent crimes, the punishment for concurrent crimes is aggravated within the scope of the punishment by adding up the maximum term of the punishment prescribed for the crime of violating the Punishment of Violences, etc. Act, which is heavier than the punishment, to the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act

1. Article 53 of the Criminal Act for discretionary mitigation

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