beta
(영문) 전주지방법원 2014.04.11 2014노79

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal, although it is sufficient to recognize that the defendant intentionally caused an accident by shocking the vehicle driven by the victim E, the judgment of the court below which acquitted the defendant of the facts.

2. Determination

A. The summary of the facts charged is that the Defendant driving an IK5 vehicle, which is a dangerous article around 03:20 on April 16, 2013, will go beyond the median line along the four-lane road.

The victim E, who is driving a three-lane, has overtakened a G food tank driven by the victim E, obstructed the front and obstructed the front, followed the bracing vehicle, and caused the said Flu vehicle to face the front part of the Flucing Vehicle on the left side of the K5 vehicle, using the said K5 vehicle in the direction of the direction of the operation.

As a result, the Defendant inflicted injury on the victim E, such as brain salkin in detail as to which treatment for about two weeks is required, injury on the knee salkites in need of treatment for about two weeks to the victimJ, injury on the knee sale sale sale in need of treatment for about two weeks to the knee knee knee kne in need of treatment to the knee kne kne insal, and kne sale sale s

B. Determination 1) The Defendant consistently and consistently from the investigative agency to this court, and the Defendant did not intentionally cause the instant accident, but denies the criminal intent of violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) by asserting that the victim E was shocking the Defendant’s vehicle due to driving negligence while changing the vehicle line. 2) In light of the evidence duly adopted and investigated by the lower court, the Defendant driving a K5 vehicle (hereinafter “Defendant vehicle”) so as to prevent the front of the damaged vehicle driven by the victim E (hereinafter “victim”), and then cut off the damaged vehicle from the side by avoiding it.