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(영문) 광주지방법원 2015.05.13 2014고단4973
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2014, at around 09:30, the Defendant attempted to change the vehicle to one lane before the moving direction while driving the D Cost Star vehicle along the three-lanes, a motor exclusive exclusive road in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, with the light-based three-lanes of the four-lanes, which is the exclusive exclusive road in front of the complex, but the two, three, and four-lanes in front of the moving direction could not enter the vehicle due to construction problems. However, the Defendant stopped the vehicle of the victim while driving the F.T. F., driven by the victim E (Nam, 31 years old) after the vehicle of the victim who would not yield the vehicle.

After getting off the vehicle from the vehicle, the Defendant passed the vehicle of the victim by changing the vehicle from one lane to two lanes at the point where the prohibition of the above passage is terminated while driving the vehicle again while getting out of the vehicle, and then the Defendant pushed down the victim’s vehicle, which is a dangerous object, into one lane, to the above part of the vehicle of the victim, which was different from the other one lane, with the Defendant’s left side of the vehicle.

The Defendant, carrying a dangerous object vehicle, and assaulted the victim, thereby causing injury to the victim, such as salt, tensions, etc., which requires treatment for about two weeks, and at the same time, damaged the said mountain-pet vehicle to be in excess of KRW 1,559,62.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

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