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(영문) 서울북부지방법원 2017.12.06 2017고합404

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

1. On April 16, 2017, at around 16:10, the Defendant: (a) discovered that the device of “wel” owned by the Victim F, a representative C, is installed in the lower part of the wheels of the said car, in order to tow the E-Spo-type car installed by the Defendant upon receipt of the notification of the C employee D’s control personnel of Dongdaemun-gu, Dongdaemun-gu, Seoul, in order to drive the car for the E-Spo-ro car.

Defendant asserted against the towing measures against the above D, but did not support the towing, and the towing device, which was listed on the said vehicle as a dangerous object in order to prevent the towing, was sub-sponsed by the towing device under the wheels, and damaged the repair cost of KRW 638,00,000.

2. The Defendant, at a time, at the same time as paragraph 1, was in line with the victim D (36 tax) and at a place where the victim D (36 tax) was in line with this E-Spo-type car, proceeded as it was while preventing the progress of the vehicle, and led the victim to the instant car, which is an object dangerous to the victim’s bridge, and led the victim to approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation reports (to hear statements from the representative of the inspection company, the other party of the C representative, and the victim F);

1. A photograph of a damaged stone;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of punishment for the crime (a point of destruction and a choice of imprisonment), Articles 258-2(1) and 257(1) of the Criminal Act (a point of harm);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, the observation of protection and community service order

1. In relation to Paragraph 1 of the charge charged, the defendant's vehicle is on the front line with the defendant's vehicle.