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(영문) 의정부지방법원 2013.12.10 2013고단3687
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:30 on July 26, 2013, the Defendant was driving a CBMW car and driving the same route in the 221st city, Gu, Nowon-gu in Seoul Special Metropolitan City, Nowon-gu in the direction of Macheon-si. On the ground that the EM520 car driven by the victim D (the age of 54) intends to enter one’s own in the future, the Defendant interfered with the victim’s course while driving the car in the front of the victim. Accordingly, the victim and the victim set up the car on the first line road, set the car in the same manner as the victim, set the car, set the vehicle, set the vehicle, set the vehicle, set the vehicle, set the vehicle, set the vehicle, set the driver’s size of drinking, which is a dangerous object on the road, and boom the victim with the size of drinking, which is a dangerous object on the road. When the victim can take the face of drinking, the victim can come beyond the road, and the victim can return to the body of the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (Investigation of black boxes);

1. Application of statutes on site and victim photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is against his/her will and that the victim does not want the punishment of the defendant because he/she has agreed smoothly with the victim);

1. Article 62 (1) of the Criminal Act (The repeated consideration of the circumstances specified in the preceding sentence);

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