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(영문) 창원지방법원 통영지원 2014.02.12 2013고단457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 April 4, 2013, the Defendant driven C Bus around 06:30 on April 4, 2013, while proceeding 14 national highways, which were located in the Triang-dong, from the edge of the e-mail, to the parallel parallel. On the ground that the victim D (Nam, 29 years old) runs slowly, the Defendant raised the victim's E-chip vehicle behind the victim's driver's vehicle on the ground that the victim D (V and 29 years old)

껐다 하며 빨리 진행하라는 신호를 주었으나 피해자가 차로를 변경하지 않고 브레이크를 밟아 화가 난 상태에서, 장평고개 부근에 이르러 피해자가 2차로로 차로를 변경하자 피해자의 승용차 옆으로 가 위험한 물건인 위 버스를 피해자의 승용차 쪽으로 들이밀고, 이에 피해자가 다시 3차로로 차로를 변경하자, 피고인은 2차로로 차로를 변경한 다음 재차 피해자의 승용차 쪽으로 위 버스를 들이밀어 함께 정차하게 되었다.

After getting off the bus, the Defendant got off the bus with the victim's horse dispute with the victim who brought off the car at the right hand, was pushed down the part of the victim's wood at several times, and again, was placed in the bus with the bus, which is an object dangerous to the victim's photograph.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the climatic base, which requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A medical certificate, a damaged part, a photographic photo, and an investigation report (Attachment of a medical record paper);

1. Application of CD-1 statute

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;

1. The reason for sentencing of Article 62-2 of the Social Service and Criminal Act is that the nature of the crime is not good in light of the background, method, etc. of the crime in this case, but the victim's injury is not relatively more severe and the defendant's health status is not good.

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