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(영문) 의정부지방법원 2013.07.30 2013고단1540
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 23, 2012, around 19:00, the Defendant stopped the Defendant’s Esp motor vehicle in front of the freight vehicle of the victim C(51 years of age) in the direction of Jincheon-si located in Jincheon-si, the lower court, on the ground that he stopped the Defendant’s Espke vehicle in front of the freight vehicle of the victim C(51 years of age), and took the Defendant’s desire to take up two or three times during the course of overtaking the vehicle from the vehicle, and the victim reported the vehicle to 112 and demanded the victim to keep the front of the said vehicle. However, the victim continued to turn off the vehicle. However, the Defendant driven the said vehicle, which is a dangerous object, driven three times at the right end of the said vehicle, and kne in the left side of the victim, which requires the victim’s treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc. is not good in light of the method and circumstances of the crime committed by the victim three times at a passenger car, which is a dangerous object, and the nature of the crime is not good, and the crime of this case is committed at the same time despite the suspension of imprisonment twice for the same crime, the suspension of execution of one fine, and the punishment once for the crime of this case. Ultimately, the crime of this case is not committed by the victim. However, a strict punishment is required; however, the defendant seems to have an attitude against the victim's late confession at this court, and the victim's injury is not excessive.

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