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(영문) 대구지방법원 포항지원 2013.03.27 2012고단1473
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:00 on November 17, 2012, the Defendant: (a) operated a C cab and went the victim D (the age of 27) to a customer, and (b) went to the “E” as a destination; and (c) brought a dispute with the victim.

The Defendant called “E” in front of the south-gu, South-gu, the temporary destination of the instant taxi and called “E to drive a taxi if she does not know of the way” to the Defendant, while leaving the said taxi in front of the south-gu, the Defendant 10,000 won of the taxi, and called “E” to the Defendant, who was the 10,000 won of the taxi, and called “the frith to kill the frith of the frith by the frith of the frith of the frith,” and followed the frith of the frith while going through the frith of the frith while going through the frith of the frith of the said taxi, and followed the frith of the frith by the frith of the road where the frith had the victim

Accordingly, the defendant, using a taxi, which is a dangerous object, inflicted multiple injuries on the victim in need of medical treatment for three weeks.

Summary of Evidence

1. Each legal statement of witness D and G;

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant is deemed to have been able to go well by driving a taxi with the victim who is a customer while carrying the victim, and that the crime of this case is likely to have occurred by contingency in the process, and the defendant's age, character and conduct, environment, etc. and all of the sentencing conditions indicated in this case shall be determined as ordered by the order.

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