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(영문) 춘천지방법원 2018.05.31 2017고단1371
특수폭행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person driving a C-3 car.

On March 24, 2017, when the Defendant made a left turn to the left on the front side of the vehicle located in Chuncheon City, Hungary around 14:18 on March 24, 2017, on the ground that the victim F (76 years old) driven by the Defendant and obstructed the Defendant’s course by making a great left turn to the left at the right turn before the direction of the Defendant’s proceeding, the Defendant turned to the front side of the I restaurant located in Chuncheon-si, Switzerland by lowering approximately 2:30 meters of the above wing-down vehicle, which was in a straight line along the three-lanes of the four-lanes of the way of the Defendant’s proceeding. After that, the Defendant turned to the front side of the said wing-down vehicle by sealing the right part of the Defendant’s vehicle, pushed the vehicle in front, sealed the vehicle in front, and then cut to the front side of the vehicle in front of the Defendant’s direction.

Accordingly, the defendant assaulted the victim F and the victim J (75 years, female) who was on board the wing vehicle with a dangerous object, and the wing chief of the wing vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made to F or K by the police;

1. Written Statement;

1. On the grounds that the report on the occurrence of a traffic accident, a report on the actual condition of the accident, a survey report, an accident site photograph, a video CD, a traffic accident analysis result (the defendant and his defense counsel merely intended to set up and set up a sealed truck, but did not make a sudden change in order to cause an accident, and there is no intention of assault.

However, according to the evidence in its holding, such as video CDs, F, and K’s written statement by the police, the Defendant was driving the Defendant, who was dissatisfied with the F’s immediately preceding accident.

K3 Recognizing that the instant accident occurred due to the decrease in the speed after overtaking the instant vehicle while driving by the K3-lane F, it is recognized that the instant accident occurred due to the decrease in the speed of the vehicle.

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