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(영문) 서울동부지방법원 2014.11.27 2014고단2504
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one and half years.

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 August 9, 2014, the Defendant operated C Poter 2 cargo vehicles around 23:03, and proceeded along the six-lane road in front of the Pungung Middle School, from the place of the Olympic to the south short distance, as it is located in 43-lane 20, Songpa-gu Seoul Olympic Games. On the same direction, the Efabro, which the victim D(29 years old) driven along the three-lane in the same direction, did not follow the direction, etc., the Defendant changed the course to the four-lane and turned the two-lane to the four-lane of the above cargo vehicle. After driving the said golf vehicle in accordance with the five-lane, the Defendant got the front of the above golf vehicle by changing the four-lane course to the four-lane route, and received the front of the above golf vehicle by the front side of the said cargo vehicle, which is a dangerous object.

As a result, the Defendant carried dangerous things with the victim D, and damaged the victim FF (the victim FF (the age of 30) who was on the said golf car with about 14 days of medical treatment, and damaged the victim G (the age of 30) with approximately 14 days of medical treatment, such as c,61,780 won of the repair cost. At the same time, the above golf car, which is owned by the victim D, was damaged to be 3,61,780 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of G and F;

1. A written diagnosis and estimate for each injury;

1. The Defendant alleged that the damaged vehicle CD was an accident caused by negligence, not intentional, but negligent. However, examining the circumstances of the instant accident that appeared as a result of the reproduction of the damaged vehicle black CD in this court, the Defendant started from the behind the damaged vehicle, which temporarily stopped and started, obstructed the course of the damaged vehicle in the future on the same line with the damaged vehicle, and caused the instant accident. At the time of the said accident, the Defendant was the victimized vehicle due to his own act.

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