(영문) 서울남부지방법원 2015.01.15 2014고단4605

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(영문) 서울남부지방법원 2015.01.15 2014고단4605

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 30, 2014, the Defendant, at around 22:35, 2014, driven the Kayang Station No. 8, the subway Station No. 69-ro 9, Gangseo-gu, Seoul, and caused the Defendant to have a dispute between the Defendant and the Defendant’s taxi driver’s seat by getting off the Ga bargaining car from the Ga bargaining car and the traffic accident occurred on the day.

The Defendant left the scene as it was while making a dispute with the victim while standing in the said taxi driver's seat, and the victim left the scene. While the victim obstructed the front of the said taxi, the Defendant continued to drive the said taxi and continued to drive about 10 meters in the front part of the victim's left side with the front part of the said taxi while the victim obstructed the front of the said taxi.

As a result, the defendant, using the above taxi, which is a dangerous object, inflicted the victim's injury on the left-hand bar in need of treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] In cases of habitual injury, repeated injury, and special injury: Type 1 (Habitual Injury, Bodi Bodi Bodily Injury and Bodily Injury), the area of special mitigation (9-2 months and 6 months) [Special Mitigation] (including efforts to recover damage), minor injury, not subject to punishment (including serious efforts to recover damage), or considerable partial damage (Pronouncement decision] imprisonment with prison labor and one year and six months, the suspended sentence of two years (the extent of damage is relatively minor, the degree of damage is relatively minor, the fact that there is no history of the same kind of crime, the fact that there is no history of the same crime, and the fact that there

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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