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(영문) 서울중앙지방법원 2015.06.18 2015고단1396

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the driver of the EMW vehicle.

On January 18, 2015, at around 17:15, the Defendant changed the course to the second line in which the victim was in operation, without turning on the direction direction, etc., while driving from the front road of the exit distance of Suwon-dong, Gangnam-gu, Seoul to the academic-ri basin.

Accordingly, when the victim G, who is the driver of the FPoer vehicle in progress at the second line, turns the headlight and warning the horn, the victim G, who is the driver of the vehicle in the driver of the vehicle in the second line, sent 30 seconds to prevent the defendant from driving his vehicle in front of the victim, by installing his own vehicle and driving the vehicle in the second line.

After that, the vehicle is proceeding 1-2 meters in 1-2 meters.

The front part of the victim's vehicle following a sudden stop was licked on the back part of the defendant's vehicle.

As a result, the Defendant used a dangerous object vehicle to inflict bodily injury on the victim G and the damaged vehicle H, including salt, tensions, etc. that require approximately two weeks of medical treatment, and at the same time damaged the damaged vehicle in an amount equivalent to KRW 6,751,800.

Summary of Evidence

1. Legal statement of witness G;

1. The police statement concerning G;

1. A statement of circumstances involving G;

1. Report on internal investigation (report on the attachment of black boxes or video images);

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The defendant's intentional recognition;