(영문) 서울서부지방법원 2014.04.23 2013고단3116

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(영문) 서울서부지방법원 2014.04.23 2013고단3116

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than 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 September 3, 2013, the Defendant, on September 3, 2013, carried the Victim C (the 28-year-old) onto the Defendant’s NFstnael taxi in Mapo-gu Seoul, Mapo-gu, Seoul. On the same day, the Defendant did not inform the Defendant of his destination properly. On the same day, the Defendant, around 03:15, went to the F police box located in Mapo-gu Seoul, Seoul.

At around 03:18 of the same day, the Defendant tried to start with the victim after getting the victim to leave the police box. However, as the victim was able to get the victim to get off the police box, the Defendant attached the rear window of the above taxi steering room, which was opened by the victim while getting the victim to get out of the police box, and when the victim gets off the above taxi, which is a dangerous object, at a speed of 100 meters per hour after driving the taxi at a speed of 33 kilometers per hour even though the victim knew that it was coming to get out of the above taxi, and caused the victim to go beyond the victim to go out of the above taxi at a speed of 33 kilometers per hour, thereby causing the victim to go out of the speed of 10 meters per hour.

Summary of Evidence

1. Legal statement of witness C and G;

1. Police statements concerning the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photographs by cutting booms of vehicles;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Taking into account that there is no same criminal history for the defendant, the background of

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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