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(영문) 서울중앙지방법원 2017.02.09 2016고단7732

특수폭행치상

Text

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

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

Reasons

Punishment of the crime

around 04:00 on September 19, 2016, on the street in front of Gangnam-gu Seoul Metropolitan Government, for the reason that the driving of the victim D (38 years old) on the street prevents the driving of the vehicle while going on one side of the road, the Defendant kept the victim's chest and head down from the E golf car while driving the vehicle, and continued driving the vehicle on the above vehicle with the part of the victim's left bridge in front of the above vehicle.

As a result, the Defendant, using the vehicle, which is a dangerous object, inflicted an injury on the victim, such as salt, tensions, etc. of the trend that requires approximately two weeks of care.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement 1 and investigation report with respect to D (CCTV);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 262, 261, and 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where he/she commits a crime by carrying a deadly weapon or other dangerous articles (a person subject to special sentencing) in the basic area (4 to 2 years of imprisonment) of the type No. 2 (the scope of recommended punishment) (a person subject to aggravated punishment) of the crime, or a minor injury (a mitigated element);

2. The criminal defendant's intentional injury to a victim on the road is very dangerous for committing a crime that may cause serious danger to him/her.

In light of the background of the crime, the defendant seems to have failed to correct violent and aggressive personality and behavior, such as where it is difficult for the defendant to easily interest in a minor city and to control negative emotions such as decentralization.

Moreover, even before that, the Defendant committed a similar crime by using a motor vehicle (the crime of causing injury to the execution of special duties) and was sentenced to a suspended sentence of imprisonment with prison labor, but it was not well aware that the Defendant committed a second offense during the suspended sentence.

However, the defendant has depthed wrongness.