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대전지방법원 천안지원 2013.08.12 2013고단838

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 became final and conclusive.

Reasons

Punishment of the crime

On January 31, 2013, at around 00:35, the Defendant was demanded from the victim E (the 30-year-old driver) who was a driver of the DNA Abdo-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-

However, the defendant did not respond to it on the ground that it is hot, and the victim did not stop driving in front of the defendant's driving and proceeded in the future.

As above, the victim of the defendant's attempt to proceed with a rocketing car was sweeted and sweeted to the above car sweet in order to prevent the vehicle from running.

Nevertheless, the Defendant proceeded with the above car, which is a dangerous object, to the extent of 70 meters, and led the victim to fall into the floor, thereby causing bodily injury to the victim, such as the left-hand shoulder and the top-down of the order for treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Reasons for the suspended sentence (decision of types) of punishment under Article 62(1) of the Criminal Act (see, e.g., Decision on the Grounds for the Sentencing) (see, e.g., Decision on the Grounds for the Sentencing) (see, e., Decision on the Grounds for the Sentencing), habitual injury, repeated injury, special injury (Special Bodily Inflicting) - In cases where an intentional act is committed intentionally, the mitigated element: In cases where an intentional act is committed; [the decision on the area of recommendation] Special Mitigation [the scope of recommendation] from September to February 6 [the scope of recommendation] - There is no serious reflective and criminal history [the scope of applicable provisions of applicable sentences]: Article 2(3) and (1)3 of the breadth Act: Three years to June 3: