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(영문) 광주지방법원 목포지원 2017.02.10 2016고단1562

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) on August 16, 2016, the Defendant was driving a B K5 car on the front side of the transit pumps that are in line with the unification of Franchising on August 16, 2016; (b) on the front side of the Defendant’s vehicle, the Defendant threatened the victim with the attitude that the C (26 tax) was likely to inflict harm on the victim’s body or property by making a sudden stop from the front side of the vehicle, which is a dangerous object, in order to threaten the victim by using the said K5 car, on the ground that the vehicle driven by the victim C (26 tax) was approaching voluntarily from the front side of the vehicle and was informed of the date of the accident.

2. The Defendant: (a) operated the said K5 vehicle at the time and at the place specified in paragraph 1 as above; (b) operated the said K5 vehicle at the front section of the victim’s vehicle; (c) operated the said K5 vehicle, and (d) operated the said K5 vehicle for the said reason, the two-lanes in front of the victim’s vehicle on the front of the victim’s vehicle in which he was driving in the middle of the said two-lane, and the said two-lanes conflict with the front part of the victim’s vehicle and the rear part of the Defendant vehicle.

Ultimately, the Defendant, using the above K5 car, which is a dangerous object, inflicted an injury on the victim, such as salt pans, tensions, etc. in the 2 week medical treatment, and at the same time, damaged the repair cost of the D Spps-owned vehicles, which are the victim's ownership, to cover KRW 2,278,796.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes of accident and damage, photographs of damaged vehicles, and black stuffs;

1. Articles 258-2 (1), 257 (1), 284, 283 (1), 369 (1), and 366 of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor for a crime of special intimidation;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.