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(영문) 광주지방법원 순천지원 2015.12.11 2015고단1259
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2015, at around 18:35, the Defendant tried to start the wife of the Victim F (the age of 49) on the back side of the Defendant’s KS-5 car at a one-lane Do in front of the D Numberer in C at a leisure time.

The Defendant: (a) opened a front door and opened one door to her beam and demanded the wife to leave the body; (b) however, the Defendant she walked at the front door, proceeded about 17 meters by hanging the victim into the front door; (c) led the victim to the road; (d) led the victim to fall off from the road; and (e) imposed both sides of the victim’s bridge that is going over the road with the rear wheels of the said car.

Accordingly, the defendant used a car, which is a dangerous object, to inflict bodily injury on the victim, such as cerebrovasty requiring medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where a person intentionally inflicts an injury upon a motor vehicle victim while driving the motor vehicle in an incomplete manner (determination of sentence] is the case where a person intentionally commits an injury in the mitigated area (1 year and six months to two years) (1 year and six months), the mitigated area (1 year and six months), and the mitigated area (1 year and six months to six months) of habitual injury, repeated injury, and special injury.

Provided, That the same type as the order shall be determined by comprehensively taking into account all the circumstances, such as the fact that the defendant operates the vehicle according to the active request of G, the contingent crime, and the fact that the defendant has no force for the same kind of crime.

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