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(영문) 서울중앙지방법원 2015.12.28 2015고합749

일반교통방해치상등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On May 2, 2015, the Defendant violated the Road Traffic Act: (a) around 14:00, on the ground that D, located in a neighboring store in the front of Jongno-gu Seoul, Jongno-gu, Seoul, was sleeped in the road, without delay, for the reason that the D, which was located in the neighboring store, was sleeped in the front of Jongno-gu Seoul.

2. At around 18:00 on May 2, 2015, the Defendant, at the place indicated in the preceding paragraph, uses each item (85cm in length) which is a dangerous object from the moment to the moment for the foregoing reasons, and assaults the victim with his intention to get out of the victim by entering the “E operated by the victim D(51)” with a lush hand containing each item.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written statement;

1. In full view of the investigation report (Attachment of a victim’s photograph), investigation report (each item and the body photo), investigation report (the search by witnesses and neighboring residents), CDs related to the assault (including D related to each behavior of the Defendant’s judgment), the statement made by witnesses including D related to D, the shape of the body where D was sold, the Defendant’s entry into E, etc., of the victim’s intent to get the victim out of each item, the crime of special assault corresponding to the case where the Defendant committed an assault while carrying dangerous objects is established, and the evidence or materials submitted by the Defendant alone in light of the above circumstances are insufficient to recognize that there was a lack of the ability to discern things or make decisions to reduce punishment due to drinking at the time). Thus, there is a crime of special assault corresponding to the case where the Defendant committed an assault while carrying a dangerous object.

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 4, 68 (2) of the Road Traffic Act (the point of traffic obstruction, the choice of imprisonment), and Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment), which provide for the choice of applicable punishment for the crime;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;