(영문) 광주지방법원 2020.12.16. 선고 2020고단4198 판결

The defendant orders the defendant to take 40 hours of violence therapy and 40 hours of compliance driving lecture.The prosecution against assault among the facts charged in this case is dismissed.

Reasons

Criminal facts

200 Highest 4198

1. Injury;

On May 26, 2020, at around 02:15, the Defendant heard the phrase “C” at the main point in Gwangju Mine-gu, Gwangju, by assaulting D, singing the Defendant’s singinginging at the place, and heard the phrase “I am??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

2. Interference with business;

The Defendant, at the time and place specified in the above paragraph (1), inflicted an injury on the victim E, who is the owner of the business, at the same time and place as specified in the above paragraph (1), and obstructed the victim’s main business by force by avoiding disturbance, such as assaulting and taking a bath.

“200 Highest 4960

The Defendant is a person engaging in driving of Fststy Gun. Around August 10, 2020, around 20:45, the Defendant driven the above vehicle and proceeded along one lane from the direction of the H elementary school to the front side of the G road in the direction of the north-gu Office in Gwangjubuk-gu. In such a case, there is a crosswalk installed with signal apparatus at the front side, so in such a case, it is necessary to safely drive the vehicle, such as checking whether a person engaged in driving the vehicle has a duty of care to safely prevent the occurrence of the traffic accident by driving the vehicle, such as complying with signal signals and checking whether there is a person driving the vehicle, and thereby neglecting the duty of care to prevent the occurrence of the traffic accident, without neglecting it, and violating the stop signal, and by failing to find the victim I and I (the age of 20) crossing the above crosswalk to the right side of the vehicle, and caused the victim to suffer the injury to the right side of the front part and the part of the victim.

Summary of Evidence

200 Highest 4198

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Additional E statements;

1. A medical certificate;

1. Reports on internal investigation (the addition of a victim, the submission of a victim's photograph, etc.);

1. Defendant's legal statement;

1. A written statement of I;

1. A medical certificate;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 314(1) of the Criminal Act (the point of interference with business), Article 3(1), proviso of Article 3(2)1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of injury by occupational negligence, the point of injury by occupational negligence, the

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and (2), and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for a month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First crime (Bodily Injury) in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

[Determination of Type 1] The injury resulting from a traffic accident in general in the course of traffic accident.

[Special Aggravations] - Aggravations: Cases where illegality in the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious.

【Recommendation Area and Scope of Recommendations】

Aggravation, 8 months to 2 years

[General Lifemen] - Reductions: Subscription to the comprehensive motor vehicle insurance

(b) A second crime;

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Convicts] - Reductions: Non-Provision of Punishment

Aggravations: Cruel Crime Acceptance Act

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 4 months to 1 year and 6 months

[General person who is a person with mental disability] - Mitigation elements: mental disability (the person is responsible);

[Determination of Punishment] Interference with Business 01. Interference with Business Obstruction>

[Special Convicts] - Reductions: Non-Provision of Punishment

【Recommendation Area and Scope of Recommendations】

Above 8 months of imprisonment, 1 month to 8 months

[General person who is a person with mental disability] - Mitigation elements: mental disability (the person is responsible);

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for up to two months and up to 11 November (the upper limit of the first crime + the upper limit of the second crime + 1/2 of the upper limit of the third crime + 1/3 of the upper limit of the third crime);

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence;

Public Prosecution Rejection Parts

1. Facts charged;

At around 020, May 26, 202: 02:15, the Defendant: (a) requested D, who singing in Gwangju Mine-gu, to provide a singing singing at the place; and (b) provided D, with the said D, with a view to “Ise the aged gue,” stating that “Ise the aged gue is not able to do so,” and “Ise the victim’s single at one time by hand,” and assaulted D with the victim’s single at one time.

2. Determination

(a) Provisions of applicable provisions to charges: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 261 of the Criminal Act.

(c) The intention of not to punish the defendant: The above D shall indicate his intention not to have the defendant punished after the prosecution of this case is instituted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;