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(영문) 청주지방법원 영동지원 2015.08.11 2015고단118
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

1. A violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) on the roads adjacent to the forests and fields located in the Yacheon-gun, Chungcheongnamcheon-gun, Yacheon-gun, on May 16, 2015, the Defendant: (a) on the grounds that the Defendant requested the victim D (year 72) who worked in the neighboring dry field to help the victim, but did not help the victim; (b) on the ground that the Defendant: (c) on the roads adjacent to the forests and fields located in the Yacheon-gun, Yacheon-gun; and (d) on the grounds that the Crento-car, operated by the Defendant, was unable to drive, the Defendant did not help the victim; and (d) on the grounds that the Defendant did not assist the victim D (age 72).

2. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the time and place specified in paragraph (1), and at the back of the said cargo vehicle, brushed two times to the end of the said cargo, and brushed the victim two times to the end of the said cargo. The victim brudddd the victim according to approximately 100 meters away from the victim, and bruddd the victim with the dangerous things, and bruddd the victim’s head two times with the stones, which are dangerous things, and inflicted an injury on the victim, such as dives, etc., requiring medical treatment for about 28 days.

3. The Defendant violated the Road Traffic Act (driving a sound driving) driving at the time and place specified in paragraph (1) of this Article, while under the influence of alcohol by 0.153% of blood alcohol concentration, the Defendant driven a sound siren car at approximately 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Report on the state of drinking, report on the state of drinking, report on the control of drinking driving, report on the request for appraisal, report on the diagnosis of injury, written estimate for vehicles, and report on the state of drinking drivers;

1. Photographs (vehicle, color, victim form);

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 3 (1) and Article 2 (1) 3 of the Criminal Act, and the Criminal Act;

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