beta
(영문) 부산지방법원 2008.10.10.선고 2008고단1429 판결

폭력행위등처벌에관한법률위반(집단.흉기등상해)

Cases

208 Highest 1429 Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.)

Defendant

A (58 years old, south) and bus drivers;

Prosecutor

Kim Jong-hun

Defense Counsel

Attorney Noh Jeong-hee (Korean National Assembly)

Imposition of Judgment

October 10, 2008

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 became final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a bus No. Xxxx No. 00.

At around 15:30 on December 7, 2007, the Defendant: (a) driven the above bus at the intersection in front of the modern department store located in the Dong-dong, Busan, which was in front of the Busan, and was in operation by the victim V at the front of the vehicle in front of it, and subsequently overtaken the vehicle in front of it; (b) yyyy of Busan, which was in operation by the victim V, shocked the left side of the above bus into the right side of the above bus; (c) however, the Defendant proceeds without taking any action against this accident; (d) the said bus was stopped at the front bus located in the Busan, Seocheon-gu, Busan, and the said bus was stopped at the front of the above bus; (e) the said bus was stopped at the front of the Busan, Seocheon-gu, Busan, and (e) the Defendant provided against the said accident. The Defendant was in front of the above bus if the victim obstructed the passage of the bus and started the right side of the said bus.

As such, the Defendant, as a dangerous object, shocked the car with the above bus, thereby causing injury to the victim, such as the right shoulder, which requires treatment for about three weeks.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1)1 of the Criminal Act

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Judges

Judges Go Jae-in