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(영문) 인천지방법원 2012.09.20 2012고단4090

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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

Punishment of the crime

At around 06:20 on April 2, 2012, the Defendant: (a) reported that the victim D (the age of 58) incurred expenses in the parking lot of the building in the Nam-gu Incheon Metropolitan City, Seoul, was trying to load goods on the vehicle, and that the Defendant, the lessee of the building, was trying to walk at the time of the car car operation of the Defendant’s driving, and (b) settled, “whether or not any electricity charges and management expenses are left,” and “a manager is called a telephone and door,” and “a manager is off,” and said vehicle, which is a dangerous object to block the vehicle of the said Defendant’s operation, started the said vehicle as is, and made the victim fall off from the vehicle by driving approximately 10 meters away from the vehicle with the victim who was frightened in the front part of the vehicle in order to stop the victim’s right side.

The Defendant, using a passenger car, which is a dangerous object as above, inflicted injury on the victim D, such as salt fele and knee-free knee, in need of treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on accident video CDs, such as a summary care, photograph of the scene of the accident, CCTV screen photograph of the scene of the accident, victim's photograph, diagnostic certificate, copy of medical examination and treatment record, harming vehicle photograph, etc.;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act, the Defendant and the defense counsel are proceeding by having the Defendant go up with the victim D with the vehicle due to the collision of the victim D.

Although it is alleged that there was no fall, the circumstances acknowledged by the evidence duly adopted and examined by this Court are victims.