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(영문) 수원지방법원 안산지원 2015.12.11 2015고단3433
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 6, 2015, the Defendant is a driver of a small-scale car in Category C, and around 20:35, at one-lane of the three-lanes in front of the so-called D Apartment 128-dong Ma Apartment 128-dong Macdong, Seoul, the Defendant driven the bus following the bus, because the bus of the victim F is spite and sat down on the right side of the said passenger car and the bus sat down the above F while repeatedly operating the bus in front of the said car.

The defendant used the above car, which is a dangerous object, used the above car to drive normally according to the one lane by right-hand side of the bus at the intersection. Around 120 meters away from the road to the one lane, the defendant rapidly changed the lane from three lanes to the one lane, thereby blocking the front of the above bus. While the above bus was rapidly stopped, it was impossible to avoid the stop, so that the part behind the left-hand side of the above vehicle was delayed.

As a result, the Defendant threatened the above FF with physical threat, and led the victim G on board the bus to the effect that the victim G, who was in need of approximately two weeks of treatment, has been engaged in the chill and tension of the shoulder, and the chill, the chill, the chill, the chill, the chill, and the chill, the chill of which require approximately two weeks of treatment to the same H, and the chill, the chill, the chill, and the tension of the chill.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. A written statement prepared in G, I, and H;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) of the Criminal Act (a point of inflicting an injury on a group, deadly weapon, etc.), Articles 284 and 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Although Article 62(1) of the Criminal Act provides a lot of punishment records for the accused, the confession and reflect of the accused, and the victim of special intimidation was agreed with the victim, and the remaining victims were recovered from insurance proceeds.

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