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(영문) 수원지방법원 평택지원 2015.08.21 2015고단884
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2014, the Defendant was driving a large biter truck, which is a dangerous object on the road in front of the middle distance in the Eup of Pyeongtaek-si on the front of the inside of the Eup on November 17, 2014, on the ground that a small truck owned by the victim D (58 years old) was rapidly changed in the car line in the future.

Accordingly, the Defendant stopped the said truck in the front of the signal strawer in order to drive the said truck on approximately 1km, and led to a conflict between the Defendant and the victims of the said truck. In addition, the Defendant stopped the said strawer in the front of the signal straw, and then took a bath to the victims of the truck.

After that, the victim D started and proceeded again, the defendant driven the above bitr and followed the above bitr, and predicted about 5.5 km from the starting intersection of the Simpuk-gu to the same starting intersection.

The defendant operated the three lanes of the three lanes in the above calculation intersection from the direction of the horizontal distance to the direction of the horizontal distance, and changed the two lanes rapidly to the two lanes, and received the front parts of the victim D's above truck in the two lanes, and damaged the victim D with an injury, such as a power failure on the left part of the front part of the line requiring approximately six weeks medical treatment, and at the same time, damaged the above biter to the repair cost of KRW 2,238,324.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim D, and at the same time damaged the victim E's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

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; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act concerning the punishment of a deadly weapon;

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

1. Discretionary mitigation Criminal Act;

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