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(영문) 의정부지방법원 고양지원 2015.05.08 2014고단3213
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

The defendant is a new town bus driver and the victim C(n, 46 years old) is a major village bus driver.

Around 22:00 on May 28, 2014, the Defendant had a dispute about the location of stopping a shuttletle bus with the victim in front of the bus stop located in Seoyang-gu, Samyang-gu, Samyang-dong, Samyang-gu, the 5-day bus stop in order to stop the shuttle bus. While the victim got out of his bus that he driven, the Defendant was going to go ahead of the Defendant’s failure to proceed with the bus (D) operated by the Defendant, the Defendant used the bus, which is a dangerous object, and got off the victim’s right arms for about two weeks of medical treatment. However, the Defendant inflicted an injury on the victim, such as the ice, bed, fright, and so on.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to confirm bus images at the time of the incident;

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. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. At the time of the instant case, the victim was marbling with the bus in front of the Agnet bus, and the Defendant did not intentionally shock the victim.

2. The following facts are acknowledged through the evidence duly adopted and examined by the court: (a) there was a dispute between the defendant and the victim as a matter of the stop or sequence of the bus platform even prior to the instant case; (b) as the bus stops temporarily in order to enter the platform at the time of the instant case, another village bus stopped on the platform; (c) the defendant started proceeding to enter the bus platform as the bus stops on the above platform; and (d) the victim prevents the front of the bus of the defendant.

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