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(영문) 춘천지방법원 영월지원 2014.11.28 2014고단401
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 22:00 on July 14, 2014, the Defendant, who violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) was under drinking alcohol on the table table table before the chain chain point in Gangwon-gun B, Gangwon-gu, Seoul Special Metropolitan City, and the victim C (hereinafter the age of 33) who was under drinking alcohol was under drinking with the victim, but the victim refused drinking and expressed the victim’s desire. The victim was also undermining the Defendant’s abusive defect, and the victim was under drinking with the victim’s disease, which is a dangerous object.

Accordingly, the defendant used dangerous objects to assault the victim.

2. On July 14, 2014, at around 22:07, the Defendant driven a two-wheeled vehicle owned by the Defendant, while under the influence of alcohol exceeding 0.05% of alcohol content, at a section of about 150 meters from the above place to the front day of the house of the Defendant in the same Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on the status of running a motor vehicle under consideration, reports on the status of running a motor vehicle under consideration, and reports on the status of a motor vehicle under consideration;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime (the point of driving a while in motion and the choice of imprisonment);

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;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (limited to a reasonable circumstance) of the suspended sentence is minor; the defendant's use of violence is minor; and there is a record of being punished for the same crime as the victim's failure to punish the victim;

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