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(영문) 울산지방법원 2015.02.12 2014고단3354
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2014, the Defendant driven a low-priced car at C, and proceeded to both universities and colleges in the way of viewing the road of the first line D in the way of Yangsan City. On June 25, 2014, the Defendant was willing to take a retaliation by driving the victim’s vehicle on the same side as the victim’s E (n.e., the 32-year-old driver’s age), who was driving on the same side, with the warning of the victim’s desire to take the victim’s vehicle in the way of rapidly stopping by driving the vehicle.

Therefore, the defendant, by raising the speed of his own low-speed vehicle, tried to overtake the above marina vehicle beyond the center line, and then stopped the above victim's own vehicle, and failed to stop even though the above victim immediately operated the vehicle, and the defendant had the back part of the above marina vehicle operated by the defendant as the front part of the above marina vehicle.

Accordingly, the Defendant, using the passenger car, which is a dangerous object, committed the injury to the victim G (V, 58 years old) who was on board the victim and the victim's vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report of investigation (in compliance with a field investigation);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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 facts constituting an offense, and Article 257 (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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] mitigated area (one year and six months to two years and six months) [Special Mitigation] effort to recover damage [the decision of sentence] Defendant is driving a vehicle by the victims in order to retaliation the victims who walk the primary line road.

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