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(영문) 부산지방법원 2016.12.14 2016고단5490

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 15, 2016, at around 22:49, the Defendant: (a) driven a cab on the third line road located in the area of the hotel located in 772 (Haakdong-dong-dong-dong-gu, Busan, the Defendant followed the Defendant on the ground that the victim E (the age of 36) had obstructed the course of the vehicle driven by the victim while driving the cab on the 3rd line; (b) the said cab obstructed the course of the vehicle driven by the victim while driving the cab on the front line; (c) the Defendant followed the Defendant, followed the Defendant, taken the vehicle number of the victim’s vehicle from the Dog-dong-gu, Busan, as a cell phone and got the cab to board the cab again

Accordingly, the victim opened a door of the taxi driving by the defendant and opened a taxi driver's seat in the taxi with left hand and resisted the defendant with the driver's seat in the taxi. The defendant started the above taxi and proceeded about 1 meter for the victim who gets a driver's seat so that the victim knee knee knee knee knee knee kel on the roadway due to his shock.

As a result, the Defendant inflicted injury on the victim by a taxi, which is a dangerous object, such as the right shoulder, in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding the fine, that there is an agreement with the victim, that the degree of injury is not severe, that the crime is recognized and that the mistake is remarkably divided);