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(영문) 인천지방법원 2013.09.12 2013고단1558
폭력행위등처벌에관한법률위반(집단ㆍ흉기등손괴)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On February 5, 2013, at around 16:49, the Defendant was driving D freight cars in front of the Namdong-gu Incheon Metropolitan City C apartment on the road. While passing through the immediately preceding intersection, in the course of passing through the immediately preceding intersection, the Defendant stopped the car in front of the dangerous cargo lane, on the ground that it was obvious that the traffic accident occurred due to the victim E's Fworksta car.

In order to keep the victim's vehicle away from the two-lane to the one-lane, and the defendant changed the above cargo vehicle to the one-lane, and then damaged the rocketing passenger vehicle by taking the back part of the rocketing passenger vehicle into the front part of the cargo vehicle as the top part of the cargo vehicle and causing damage to the amount equivalent to KRW 3,174,116.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Written estimate;

1. Application of the Acts and subordinate statutes to each photograph, black boxes, and video CDs;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the absence of a criminal record against the defendant, the fact that the defendant deposited one million won to the victim, the fact that the insurance money is paid to the victim, and the circumstances, such as the victim's negligence);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service or attend lectures: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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