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(영문) 대구지방법원 2015.08.13 2015고단2195
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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

Around 23:50 on January 29, 2015, the Defendant: (a) while operating BMW C vehicles on a yellow-ro road located in the Yellow-ro, Jin-si, Gyeonggi-si, on the ground that the bus operated by the victim D (53 years of age) and the household rent of the victim does not yield the lane; (b) intentionally stop the vehicle in front of the bus operated by the victim by driving the vehicle, which is a dangerous object, and (c) intentionally stop the vehicle in front of the bus operated by the victim; (d) thereby, the victim’s left right side kne is faced with the bus board of the bus driving car; and (e) at the same time, the victim suffers from approximately two weeks of the passenger’s left side kne in need of medical treatment; and (e) at the same time, the said bus in front of the bus owned by the victim Gyeong bus Co., Ltd. was damaged by KRW 709,564 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes to cut a black boom and cut a photograph;

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 (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);

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

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

1. Although the reasons for sentencing under Article 62(1) of the Criminal Act are not minor, the punishment as ordered is imposed on the accused for the reason of sentencing under Article 62(1) of the suspended sentence. However, the accused is too late and against his wrong mistake, the victim's degree of injury is not limited, and the victim and the victim have agreed smoothly with all of the victims of damage and bodily injury. In addition, the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other various circumstances, including the Defendant's age, character, behavior, career, and environment, shall be determined as ordered by taking into account the following circumstances.

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