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(영문) 부산지방법원 2016.08.25 2016고단2362

특수상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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.

(e).

Reasons

Punishment of the crime

On March 31, 2016, the Defendant: (a) on March 31, 2016, around 10:04, at the 101 front of the 101-ground parking lot, the victim D (the 53-year old age) who had livedd for the 10-month period, extracted the key from the victim's her own vehicle to prevent the victim from leaving the vehicle; (b) sought to get out of the vehicle; (c) the damaged person, by blocking the front of the vehicle, tried to change the key of the vehicle by installing the vehicle and opening the driver's seat; (d) the driver's right part of the victim's right part of the vehicle; and (e) the damaged person gets off the vehicle's seat, leaving the vehicle's part of the driver's seat, leaving the damaged person 5 meters back and immediately stop, making the victim take over the vehicle.

Accordingly, the Defendant carried a dangerous object vehicle as above and put the victim into the right shoulder, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to a internal investigation report (in cases of attaching a medical certificate, etc. of injury to a victim), investigation report (in cases of capturing CCTV images and attaching images to video CDs);

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is poor in the contents and nature of the crime in this case. On the other hand, in agreement with the victim, the victim does not want the punishment of the defendant, there is no record of criminal punishment against the defendant, and other matters such as the age, sex, environment, etc. of the defendant shall be determined in the same manner as the order.

Rejection of Public Prosecution

1. On March 31, 2016, the Defendant sought to leave the victim D (the age of 53) who had liveded for 10 months in the front of the 101-dong Busan annual apartment house C, and the 10-month parking lot.