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(영문) 서울북부지방법원 2015.10.16 2015고단2619
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a CK5 vehicle, and the victim D(57 years old) is a person driving a E-tax.

On June 30, 2015, the Defendant, at around 06:00 on June 30, 2015, driven the said car in front of the G Jeju Northern DistrictF, and proceeded into the same lane from the hydro-dong bank to the sublime elementary school. On the ground that the above taxi driven in the front bank of the Defendant, which was going through in the front bank of the Defendant, runs in a two-lane way between the first and the second two-lane, became a dispute with the victim.

The Defendant changed the vehicle line to two lanes by accelerating the said vehicle, which is an object dangerous to the victim, on the ground that the victim intentionally drives the vehicle while driving the vehicle at the front of the said taxi after the said horse dispute, and then changed the vehicle line to one lane on the front of the said taxi, and changed the vehicle line to the first lane on the front of the said taxi and operated the vehicle, and received the part of the vehicle behind the said vehicle.

As a result, the suspect carried dangerous things and damaged the victim to receive approximately 29,200 won for repair costs. At the same time, the suspect damaged the above taxi by carrying about a chest string that needs to be treated for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A traffic accident statement of D;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act concerning the crimes;

1. Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Habitual Bodily Injury, Bodily Injury, and Special Injury (Habitual Bodily Injury, Bodily Injury and Bodily Injury) shall be the special mitigation area (9 to 2 months) (9 to 6 months), and the victim shall also commit the crimes.

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