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(영문) 서울동부지방법원 2014.01.28 2013고단3064
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 22, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) cited each item (a) which is a dangerous object while drunk in front of Songpa-gu Seoul, Songpa-gu, Seoul (a 8cm with a deadly weapon, etc.) on the street, and sought to move to D who was waiting for a bus without any justifiable reason, and the victim E (a person aged 38) who is the driving of the said D (a person aged 38) tried to move to the left side of the victim, and then put the victim to sell to the left side of the treatment period.

2. On September 22, 2013, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc., damage, etc.) destroyed the repair cost to cover KRW 300,000,00 by exposing a volume of 50 meters away from the street in front of Songpa-gu Seoul, Seoul, around 19:05, after the act referred to in paragraphs (1) and (3) and then discovering the H car car of the victim while discoveringing the H carren vehicle of the victim, and destroying it by spreading the front glass of the vehicle owned by the victim so far as it is dangerous.

3. On September 22, 2013, the Defendant was arrested as a flagrant offender to police officers, such as the security guards I, etc. employed after receiving the report of the case under paragraphs (1) and (2) of Article 19:15 on September 22, 2013, and went to the Seoul Song-gu Police Station Justice Police Station, and obstructed the legitimate performance of duties concerning the arrest of police officers in the act of committing a flagrant offense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Written statements D and I;

1. Application of the Act and subordinate statutes to a field report, each investigation report, each photograph, and written estimate; and

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and the Selection of Punishment of Violences, etc., Articles 257 (1), 366 and 136 (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 (the degree of injury shall be considered and reflected, etc.);

1. The Criminal Act, the suspension of execution;

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