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(영문) 서울서부지방법원 2015.06.24 2015고단785
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. From January 12, 2015, the Defendant violated the Punishment of Violences, etc. (Bodily Injury by Group or Deadly Injury) against Victim C, on the ground that the victim C (or 29 years of age) and his/her father-child E was on the back seat of the Defendant’s driver’s license in the front seat of the department store located in Jung-gu Seoul, Jung-gu, Seoul, and that the victim was on the top of the Seoul Mapo-gu, Seoul, a destination destination, around 19:30 on the same day, and the victim was trying to pay the taxi fee to the victim.

피고인은 택시를 정차한 상태에서, 피해자에게 “왜 소리 지르고 지랄이야, 씨발, 내려, 빨리 내리라고 씨발”이라고 윽박지르며 하차를 요구하고, 이에 피해자가 택시에서 내리려 하자, 피고인은 택시 뒷좌석 문이 열려 있고 피해자가 발 한쪽은 지면을, 나머지 발 한쪽은 택시 안을 딛고 서 있는 상태에서 그대로 택시를 출발시켜 피해자로 하여금 중심을 잃고 땅에 넘어져 구르게 하였다.

As a result, the Defendant carried a taxi, which is a dangerous object, and suffered bodily injury such as spambling in the part requiring treatment for about two weeks.

2. The Defendant, at the time and place specified in paragraph (1) above, committed assault against the victim when the victim E, who was the mother of C on the back seat, requested the string of the Defendant’s shoulder and the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2nd of the 2nd of the st

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Statement of the police with respect to C and F;

1. Application of Acts and subordinate statutes as a result of the reproduction of black boxes and video CDs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1) and 260 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor for a crime of elective assault;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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