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(영문) 대구지방법원 포항지원 2013.07.02 2013고단496
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 19:45 on May 1, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by death, etc.) (a collective injury, etc.) (around 19:45, on a road less than 200 meters away from the D elementary school located in South-gu, Nam-gu, Dong-si C, and was aboard a car owned by the Defendant by the victim E who is an acting driver, and caused the victim to stop the vehicle and cut off each item (5cm, 50cm in length, 50cm in length) dangerous to the victim, and cut off the victim’s back head at one time, and cut off the victim’s back head at “the victim’s vehicle ...........” The victim’s escape took a dangerous object away from the victim’s towards him/her, and caused an injury to the victim for about two weeks, which requires medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. On May 1, 2013, the Defendant: (a) received the report of 112 of E, as stated in the above paragraph (1), on the roads under the direction of the mountain intersection located in the Nam-gu, Nam-gu, Seodong-gu, Seogdong-gu, Chungcheongnam-gu, Seoul, and demanded for drinking alcohol because of suspicion of the Defendant’s driving under the influence of alcohol; (b) stated that “I would have to cause any dice,” and called that “I would have to cause any dice to dice; (c) I would like to go back to E while I would have called “I would have made the report; and (d) I would have the face of the above police officer who prevented him.”

Accordingly, the defendant assaulted the above police officers and interfered with legitimate execution of duties concerning criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation (not discovery of each item used for committing an offense);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257(1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object) and Article 136 of the Criminal Act.

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