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(영문) 서울남부지방법원 2015.09.16 2014고단3645

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2014 Highest 3645] The Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch on May 31, 2012, and completed the execution of the sentence on November 28, 2012.

On January 2013, the Defendant, as a soil reclamation business entity, leased equipment from the victim D (the age of 54) who is a soil transport business entity while performing reclamation works, but did not pay the rent.

On July 21, 2014, the Defendant: (a) was in the Macheon-gu E greenhouse located in Bupyeong-gu, Bupyeong-gu on July 201, 2014; (b) on the ground that the victim D was at the time when he demanded rent for heavy equipment, and the victim D was at the time, which was a dangerous object to the head of the victim F (V, 45 years of age) and was in the two sides requiring the victim to receive treatment for about 14 days.

The defendant continued to take the victim's face two times as a drinking house, and had a tree erosion, which is a dangerous object, collected from the back head of the victim, and had approximately 14 days of treatment.

[2014 Highest 4170] On May 16, 2014, the Defendant driven a high-speed car at approximately 500 meters from the front of the site of reclamation works in Gyeyang-gu Incheon Metropolitan City to the first road located in H, without a car driver’s license.

Summary of Evidence

[2014 Highest 3645]

1. Defendant's legal statement;

1. Statement of each police statement on F, D, K, and L;

1. Each injury diagnosis letter;

1. On-site and victim photographs;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (written judgments, written indictments attached), personal identifications, and current status of confinements (2014 highest 4170);

1. Defendant's legal statement;

1. Reporting on detection of the Road Traffic Act and reporting on the situation of driving without a license;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act as to the facts of crime; Article 257 (1) of the Criminal Act; Article 152 subparagraph 1 of the Road Traffic Act; Articles 152 and 43 of the Road Traffic Act;

1. Aggravation for repeated crimes;