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(영문) 서울동부지방법원 2017.04.25 2017고정427

특수폭행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who lends a “D” lawsuit or other vehicles from the body of a vehicle leasing business under the trade name “C” operated by the victim B (49 years and inn).

Around 07:55 on 07:05, the Defendant: (a) opened the driver’s seat of Seongdong-gu Seoul Cheongcheon-ro, Seongdong-gu, Seoul Urban Management Corporation, 546, and talked about the issue of unpaid rental car loans and the return of vehicles; (b) starting the Defendant’s vehicle, which is a dangerous object in the state where the driver’s seat is open, with the victim “d treatment as prescribed by the law”; and (c) starting the vehicle, which is a dangerous object in the state where the driver’s seat is open, caused the victim to defly defe the victim’s left shoulder, and buck down to the right side of the victim, thereby impairing the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Report on internal investigation (including attachment, etc. of photographs related to damage inflicted on victim B), report on internal investigation (related to analysis of records of video recording of field CCTV cameras);

1. Application of the Acts and subordinate statutes to photographs by capturing a victim's photograph, on-site photograph, or CCTV recording;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the type and degree of the instant crime, danger, records of criminal punishment by the Defendant, the fact that the Defendant recognizes and reflects the Defendant’s criminal act, the fact that the damage was not likely to have been restored to the victim, and other circumstances shown in the instant trial, including the Defendant’s age, sex behavior, environment, and circumstances, shall be determined as ordered by taking full account of the following factors.