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(영문) 서울동부지방법원 2015.12.03 2015고단2704
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2015, at around 04:15, the Defendant was driving a cargo tower with one ton, and passed the lane of the Central Highway, Seoul Tol-gu Tol-gu, Bridge, which had been driven by the victim C, but stopped without immediately passing through the sub-scoping, the Defendant passed the above Tol-ship, and exchanged the victim’s abusive and took a bath mutually with the victim, and the Defendant was punished for expenses.

Afterward, the defendant left the victim's vehicle in front of the victim's vehicle, and left the victim's vehicle in front of the victim's vehicle, so that the victim's vehicle gets back of the victim's vehicle.

Accordingly, the defendant, using a dangerous vehicle, caused the victim to suffer approximately two weeks of tensions and tensions, and at the same time damaged the victim's above vehicle amounting to KRW 1,940,596.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to C by the police;

1. A photograph of an accident vehicle;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (verification of accident points, etc.);

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Crimes, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object), Articles 369 (1) and 366 of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. One ton of the defendant's driver's licenses.

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