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(영문) 서울동부지방법원 2015.11.19 2015고단2991
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

At around 01:11 on September 4, 2015, the Defendant, while driving a Youngbukbuk-gu Seoul Special Metropolitan City 36, in the direction of the military intersection, was driving a Cobserver-gu car in the direction of the military intersection and driving it into two lanes in the direction of the military intersection, the Defendant was punished by the victim E (the age of 31) who driven a DNA motor vehicle in the same direction from the three-lane in the same direction to the two-lane, on the ground that the victim E (the age of 31) who was driving a DNA motor vehicle in the same direction was rapidly changed from the three-lane of the sexual investigative distance to the two-lane, and thus, he gets the victim and the trial.

Therefore, the defendant, who had been making a car into the same two-lanes, was driving in the same two-lanes depending on the victim who had been driving in the same two-lanes, and had changed the two-lanes in the future, and received the two-lanes of the victim's motor vehicle from the back side of the motor vehicle left, and received the wheels of the victim's motor vehicle to the right side of the motor vehicle.

Accordingly, the Defendant, using the above observer car, which is a dangerous object, inflicted an injury on the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time damaged the victim's car to be repaired in 3,319,844 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographss, photographs, photographs (the screen by cutting a fluor of a damaged vehicle), photographs, photographs (Internet lighting and driving distance);

1. A traffic accident report (1, 2) and a traffic accident report;

1. Application of each written diagnosis and written estimate for inspection and maintenance of motor vehicles;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Crimes, Article 257 (1) of the Criminal Act (the point of inflicting an injury on carrying a dangerous object), Articles 369 (1) and 366 of the Criminal Act;

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

1. The fact that discretionary mitigation is limited to the previous conviction of a fine for a different crime for the last ten years under Articles 53 and 55(1)3 of the Criminal Act, the fact that a mistake is reflected, and the degree of injury to the victim is considered.

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