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(영문) 의정부지방법원 고양지원 2015.09.18 2015고단1659
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 April 22, 2015, the Defendant was driving a route bus No. C 9709 around 13:55 and proceeded with two-lane roads in front of the Pampling apartment in the children's Dong at the time of strike, and the Defendant was willing to take a retaliation against the Defendant on the ground that E, who was driving a village bus No. 4030, which is the traffic of the victim, did not yield the change of the Defendant's lane.

At around 14:05 on the same day, while driving a bus No. 9709 on the same day and driving two lanes in front of the two-lanes of the two-lanes of the two-lane roads in the Geum-dong, the Defendant destroyed the above 030 village buses No. 970 driven by E to move into one lane, and the above 9709 village buses No. 9709, which are the goods at risk of multi-party scam, are moving into the same lane, and they are pushed down to the right side of the village buses No. 14:05 on the same day, so that the repair cost, such as exchange of the village buses No. 030 driven by E, would be 2,957,592 won.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (verification of damaged vehicle booms images);

1. Written estimate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1), Article 2 (1) 1, and Article 366 of the Act on the Punishment of Violences, etc. of Specific Crimes and the Selection of Punishment of Violences, etc.;

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

1. Article 62 (1) of the Criminal Act;

1. In the event that many passengers board a village bus, which is an order to attend a lecture or an order to provide community service, due to the sentencing of Article 62-2 of the Criminal Act, the nature of the defendant's crime cannot be deemed to be negligible in that it could lead to mass accidents of human life.

However, the defendant appears to repent while making a confession of crime, and the vehicle seems to have been damaged by the vehicle, and the vehicle of the defendant is affiliated with the bus mutual aid association.

The defendant's age, character and conduct, criminal records, motive of crime, contents of crime, and all other conditions of sentencing.

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