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(영문) 대법원 2014.05.29 2014도3401
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

Whether certain goods constitute “hazardous goods” as prescribed by Article 3(1) of the Punishment of Violences, etc. Act (hereinafter “Act”) is determined based on whether the other party or a third party could feel any danger to human life or body when using the goods in light of social norms. Such determination criteria also apply to cases where a motor vehicle causes harm to human life or body by using a motor vehicle (see, e.g., Supreme Court Decision 2012Do12539, Feb. 14, 2013). According to the evidence duly adopted by the lower court, the Defendant: (a) around 17:20 on December 14, 2012, the Defendant driven the instant motor vehicle in the middle of Samsung Heavy Industries, which is located in the long-distance speed, and used the instant motor vehicle in the direction of a long-range distance; (b) the driver of the instant motor vehicle and the driver of the instant motor vehicle were able to request the driver of the instant motor vehicle to move the damaged motor vehicle within the direction of a two-lane distance from the front to the two-lane.

In light of the various circumstances such as the degree of injury suffered by victims and the degree of damage of the damaged vehicle caused by the shock of the present vehicle, the Defendant’s operation of the present vehicle would interfere with the operation of the present vehicle, and shock the damaged vehicle behind the present vehicle, and the victim or a third party is relatively minor.

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