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(영문) 서울중앙지방법원 2016.08.25 2016고단3908

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a CK5 taxi driver.

On March 8, 2016, the Defendant: (a) driven the above taxi on March 8, 2016; (b) stopped on the two-lanes of the two-lanes in front of Gwanak-gu, Seoul Special Metropolitan City D, and (c) caused the victim E (33 years) who was seated on the back of the west.

그런 데 피고 인은 위 택시 안에서 승객인 피해자와 요금문제로 실랑이가 있었던 데 다가 피해자가 조수석 뒷문마저 세게 닫고 내리자 피해자에게 “ 야, 임 마, 문을 그렇게 닫으면 어떻게 해. ”라고 언짢게 말하였고, 이에 피해 자가 위 택시 쪽으로 다가 와 일부가 열려 있는 조수석 창문을 오른 손으로 붙잡고 항의하려 하였다.

Nevertheless, the Defendant, despite being aware of the above circumstances, began from the above taxi as it is, and eventually, the victim was deprived of the center and went beyond the roadway of the above taxi.

As a result, the defendant, using a dangerous object, has inflicted an injury on the victim, such as knee-ae-ae-a-a-knee-a-knee-a-kne.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);

1. Article 62(1) of the Criminal Act provides that the Defendant’s responsibility is not exceptionally imposed in light of the following: (a) the Defendant’s method and means of committing a crime; and (b) there was a possibility of causing serious harm to the Defendant; and (c) the Defendant’s method and means of committing a crime.

However, according to these unfavorable circumstances, the defendant led to the confession of the facts of the crime, there is no criminal history as the first offender, and the victim under the influence of alcohol and the taxi getting on and off the taxi.