2013 Highest 954 Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc., injured person)

A (*************************) and personnel of furniture.

Residence

Reference domicile

Kim Tae-tae ( Prosecutions) and Lee Jong-chul (Trial)

Article 000 (Court-Appointed Ship)

April 19, 2013

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.

Criminal facts

On October 16, 2012: Around 30: (a) the Defendant driven a lux car of 0000,000, the Defendant was driving on the flux road in Jongno-gu Seoul, Jongno-gu, Seoul along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the road, and was driving on the flux g of the Changnam-dong, Nowon-do, the Defendant was driving the victim B (n, 35 years old) (n, 35 years old) driving on the same flux of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes

Therefore, the Defendant: (a) opened the NAS car at the frontnam-dong of Jongno-gu Seoul Metropolitan Government and opened the left turn to the front side of the Seoul Metropolitan Government University; (b) opened the said NAS car along the driving line of the said NAS car; (c) caused the victim to rapidly reduce the speed of the vehicle; and (d) caused the victim by sounding the horn and setting the horn at the front line of the said NAS car in the vicinity of the Seoul National University Hospital; and (d) continuously cut the NAS car at the front line of the said NAS car at the Sungnam-si University; and (c) caused the said victim and his passenger to rapidly stop the vehicle, thereby causing the victim C (68 years old), D (57 years old, 35 years old, 15 years old, 1) and 1 years old.

As a result, the Defendant used the fluorn car, which is a dangerous thing, to use the fluorn car to provide approximately one week medical treatment to the victim B, to use the fluoral flaps in need of approximately two-day medical treatment to the victim C, and to use the fluoral flaps in need of approximately one week medical treatment to the victim D, to use the fluoral flaps, and to use the fluoral flaps.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. An investigation report (related to the submission of a written diagnosis of injury to family members of an complainant);

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Grounds for sentencing

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The recommended sentencing criteria; and

From June to June of one year and two years and six months [the area to be mitigated among types 1 of habitual, repeated, and special injury]; Determination of sentence 3.

○ Sentence: Imprisonment with prison labor for one year and six months; two years of suspended sentence;

The reason for ○: A sentence shall be determined within the scope of mitigation of statutory punishment in consideration of the fact that there are some responsibility for the victim, the degree of injury of the victims is insignificant, and the depth of mistakes is reflected, and the execution thereof shall be suspended.

Judges Song Gyeong-dae