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(영문) 대전지방법원 2016.02.16 2015고단2908
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 9, 2013, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Daejeon District Court, and was released on January 29, 2014 in the Cheongju Prison on the execution of the sentence, and the parole period expired on March 8, 2014.

[2] On July 28, 2015, the Defendant suffered from the victim E (the 40 years old) who is an employee of Hyundai Capital Capital Co., Ltd., on July 21, 2015, on the ground that the Defendant prevented the Defendant from operating the Defendant’s automobile in accordance with the provisional disposition prohibiting the transfer of the vehicle possession on July 21, 2015, the Seoul Central District Court 2015KaMo 805870, which was a dangerous object, the Defendant sustained the victim’s hick part in the front of the Kuscow car. On the back of the said vehicle, the Defendant continued to receive the victim’s hick, followed the victim’s will, and sustained the victim’s hick, caused an injury to the victim, such as an emergency landing, which requires treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Photographs of each suspect (No. 8,25 of the evidence list);

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of inquiry statements and investigation reports (prior convictions and confirmations of suspect repeated crimes)-related Acts and subordinate statutes;

1. Articles 258-2(1) and 257(1) of the Criminal Code of the relevant criminal facts in relation to criminal facts [the defendant and his/her defense counsel acknowledged the fact that the injured person was injured by the defendant's act, but cannot be viewed as using dangerous things. However, according to the evidence revealed earlier, the defendant can be seen as being shocked by driving a motor vehicle towards the injured person while recognizing that the injured person could suffer injury, and the situation was sufficient for the injured person or the third person to feel a danger to his/her life or body due to the defendant's vehicle operation.

No person may be found guilty (see, e.g., Supreme Court Decision 2007Do3520, Mar. 26, 2009). Therefore, all facts charged are found guilty)

2. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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