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(영문) 인천지방법원 2017.03.17 2016고단8043

특수상해등

Text

A defendant shall be punished by imprisonment for six 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

On November 3, 2016, the Defendant: (a) driven the D Poter Cargo on the front of Incheon National Viewing-gu Incheon National Viewing Road (hereinafter referred to as “Korea Coastal Vehicle”); (b) while driving the D Poter on the front of Incheon National Viewing Road (hereinafter referred to as “Korea Coastal Vehicle”) on November 3, 2016, the Defendant followed the damaged vehicle, thereby blocking the progress of the damaged vehicle; and (c) sent the window behind the two-lane, which is the right side of the damaged vehicle, on the ground that the Defendant reported it and reported it by the victim, the Defendant received the part on the left side of the damaged vehicle loaded the Poter vehicle’s right-hand Poter and the part on the left-hand side of the damaged vehicle by turning the hand-hand side of the damaged vehicle into the front side of the damaged vehicle.

As a result, the Defendant, using a dangerous motor vehicle, inflicted an injury on the injured party, such as catum salt, which requires approximately two weeks of medical treatment, and at the same time, damaged the damaged vehicle by spreading or destroying it, which is about KRW 1,177,911 of its repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. A report on investigation (Attachment of booms of damaged vehicles), a report on investigation (Attachment of a medical certificate), and a report on investigation (Attachment of a written estimate);

1. Application of the relevant Acts and subordinate statutes to each motor vehicle driver's licenses, and each relevant subordinate statute;

1. Articles 258-2 (1), 257 (1) (a point of special injury) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor as a matter of choice (the crime of damaging special property);

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

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

1. Although the crime was committed using a motor vehicle, which is a dangerous object with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the crime is significantly poor, the confession and reflect of the crime, and the crime was committed in 2002 and there was no record of punishment in addition to the punishment of a fine of KRW 300,000 as a result of the violation of the Military Service Act.