(영문) 대구지방법원 2013.12.13 2013노1910 | 리걸엔진

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(영문) 대구지방법원 2013.12.13 2013노1910

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the degree of risk of the victim at the time of inspection (the mistake and the misapprehension of the legal principle), the passenger car driven by the defendant is a dangerous article.

B. The defendant (unfair punishment)'s punishment (two months of imprisonment with prison labor and two years of suspended execution) is too unreasonable.

2. Determination

A. As to the prosecutor's assertion of mistake of facts, the court below held that the vehicle operated by the defendant does not constitute a dangerous article on the ground that the defendant shocked 24 tons of cargo with two tons of passenger and 24 tons of cargo and seems to have rapid speed at the time of collision. The judgment of the court below is just in comparison with the above judgment of the court below and closely examined the records, and the evidence submitted by the prosecutor alone does not constitute an "hazardous article" as provided by Article 3 (1) of the Punishment of Violences, etc. Act, and there is no other evidence to acknowledge this.

B. 1) As to the Defendant’s assertion of unreasonable sentencing, the Defendant’s confession of the crime in question is against his own will, and the damage suffered by the victim is not significant, and the Defendant has agreed with the victim during the investigation process is recognized. However, the Defendant’s assertion is without merit, considering the following: (a) the Defendant’s previous conviction two times; (b) the previous conviction of the same type is seven times; (c) the instant crime is not good because the Defendant has conflicted with the cargo vehicle by driving the vehicle; (d) the Defendant has inflicted damage on the victim, who is a cargo driver, who is the same truck driver, for his/her own transport business for the benefit of his/her own transport business; and (e) other circumstances that conditions of sentencing, such as the motive, means and methods of the instant crime; and (e) the circumstances after the instant crime

3. Conclusion, the defendant.

참조조문

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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