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(영문) 부산지방법원 서부지원 2018.08.29 2018고단882

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

The Defendant is a person who is engaged in driving a rocketing car.

On April 5, 2018, the Defendant driven the above vehicle at around 08:45, and stopped the front way of the D Hospital located in the Busan Northern-gu, Busan, along the three-lanes from the Guro-gu, to the Taecheon-do Intersection, the Defendant entered the two-lanes where the victim E (44 years) drive the vehicle from the front side of the D Hospital to the Seocheon-do Intersection, while entering the two-lanes where the two-lanes are left and left left at the end of the above hospital, and the vehicle turns out to the front end of the victim's vehicle. However, the Defendant, immediately, after passing the victim's vehicle, stopped the victim's vehicle and stopped the vehicle and received the rear part of the Defendant's vehicle from the front end of the victim's vehicle.

As a result, the Defendant carried dangerous objects, carried the above rocketing car, and took the victim G (the 42 years old) who was boarding the damaged car, suffered about two weeks of medical treatment, and at the same time damaged the victim E to repair the above rocketing car owned by the victim E at KRW 217,930,00, such as the pans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to damaged passenger cars booms images and damaged photographics;

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 for the crime of destroying special property in the choice of punishment;

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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of punishment recommended on the sentencing criteria: Imprisonment with prison labor for not less than one month;

(a) Type 1 (a repeated crime, special damage, etc.) of the crime of destroying special property shall be classified as a repeated crime and special damage;