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(영문) 광주지방법원 목포지원 2013.12.19 2013고단1612
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The imprisonment with prison labor for the accused shall be two and a half years and six months.

However, the above sentence shall be executed for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 30, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) caused the damage of KRW 856,973 of the repair cost of the said vehicle by gathering each item (72 cm in total length, 3 cm in thickness), which is a dangerous object at the same time, on the ground that, around 20:30 on September 30, 2013, the Defendant was at front of the Dmaart located in Yong-nam Cancer-gun, Yong-gun, the Defendant parked the vehicle on the ground that the victim was parked by blocking the entrance of the secondhand part operated by the Defendant’s seat, and then parked the vehicle after the victim moved and parked the vehicle.

2. Violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.) reported damage to a passenger car at the time, place, and as described in the above paragraph (1), and set up a patrol vehicle where the victim E (37 years of age) passed from the said place to the police officer with a stone tent (12 cm in length, 12 cm in length and 12 cm in length) which is a dangerous object left on the floor of the vehicle, and collected the stone tent (12 cm in length, 12 cm in length) from the victim, and the victim gets off one time with the above stone tent under the left side of the victim, and caused the victim to suffer approximately four weeks of medical treatment, such as other luminous bones, bones, and flake, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the police statement of E;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes to written statements in a written estimate of general repair costs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of rendering a judgment: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act;

(b) The point of carrying a deadly weapon: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Punishment of Violences, etc. Act (the crime of injury by a group, deadly weapon, etc. which is heavier than the sentence];

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