(영문) 전주지방법원 2013.11.28 2013고단1531

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(영문) 전주지방법원 2013.11.28 2013고단1531

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:00 on June 27, 2012, the injured party C (the South and 42 years of age) placed in the parking lot adjacent to the Asian station owned by the Defendant and the injured party’s spouse, coming from the top of the above vehicle in order to verify the traffic of the E in the Dsan Paf vehicle owned by the Defendant and the injured party’s spouse. On the top of the foregoing vehicle, the injured party C (the South and the 42 years of age) sent the above vehicle to the top of the vehicle, and said vehicle “a door opening,” and “a door opening.”

Since the Defendant recognized the fact that the victim was the victim on the side of the above vehicle, the Defendant neglected his duty of care to start the above vehicle safely and drive the above vehicle as it is, with the intention to prevent the vehicle from driving, and caused the victim, who was placed the above vehicle, to attract about about 50 meters to the left hand, and suffered injury, such as the destruction of the left part of the water unit requiring approximately seven weeks of medical treatment, damage to the left part of the water unit, and damage to the left part of the 5-day water pressure, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C, E, and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Article 266 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the degree of damage to a victim in the reason of sentencing under Article 334(1) of the Criminal Procedure Act is weighted, considering the following circumstances: (a) the defendant led to and reflects the crime; (b) the defendant has no record of punishment prior to the crime in this case; (c) deposited KRW 5 million for the recovery of damage; and (d) the defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime; and (e) the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.

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