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(영문) 광주지방법원 목포지원 2015.04.28 2015고단279
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 31, 2015, the Defendant: (a) expressed the victim C (the age of 52) who has driven his/her vehicle on behalf of the victim that had been under the influence of alcohol without any justifiable reason while under the influence of alcohol; (b) expressed the victim C (the age of 52) who has driven his/her vehicle in the direction of “this sprink, bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch,” and (c) expressed the victim’s left face once a week medical treatment to the victim due to the end of his/her vehicle, which is the key of the dangerous object.

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

2. At around 23:30 on the same day, the Defendant: (a) at the same place; (b) on the same day; and (c) at the same time, the police officer E, a police officer belonging to the Bapo Police Station D police box called out after having received a report from C, who was asked questions about the police officer assigned to the police officer of the Bapo Police Station D police box, and requested F to voluntarily conduct the patrol in response to the police officer’s request; and (b) the above E used the police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing damaged parts and motor vehicle key photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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. Article 62 of the Criminal Act:

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