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(영문) 서울동부지방법원 2015.12.18 2015고단2759
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

On May 27, 2015, at around 04:00, the Defendant operated the CSS5 car, and moved the way to the GM5 car in Gwangjin-gu Seoul Special Metropolitan City into one-lanes from the area of the square distance to the boundary of the Olympic Winter Standon-distance, the Defendant changed the course to the victim E (the age of 37) who drives the D that is driving the D that is a driver of the D that is without a sufficient distance from the vehicle of the victim, while changing the course to the two-lanes in the same direction as before the Gluon Zone.

The victim stated that the defendant changed the three lanes on the ground that the defendant changed the lane rapidly, and the driver's seat window was opened differently from the defendant, and that the defendant "I am on the opposite side, I am on the opposite side, I am on the opposite side."

Therefore, the Defendant, on the ground that the victim’s horses were commercialized, received vehicles from the victim by plucking and plucking up the steering gear in the direction of the light crossing, from three-lanes of the victim.

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 to be 1,860,296 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. Traffic accident report and each photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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

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. On the ground of sentencing under Article 62(1) of the Criminal Act, the crime of this case committed during the suspension of execution is a case in which the victim's vehicle was used as a dangerous object to raise complaints about the change of the lane during the operation of a motor vehicle and the injury was inflicted, and the nature of the crime is not exceptionally

However, the defendant.

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