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(영문) 수원지방법원 2017.11.16 2017고단2693

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 27, 2017, the Defendant suffered special injury on the street, around 23:00, on the ground that the victim E parked in his/her house in front of Osan City, he/she saw the victim’s face, flabed off flab, and flabed the flab, and flabed the victim’s seat, flab, and flad the flab, which is a dangerous object in the surrounding area of the victim leaving the site, and fladdd the victim’s back glass, and flad the victim’s right shoulder.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the shoulder and the arms that require treatment for about two weeks.

2. In the same date, at the same time, at the same place, the Defendant: (a) operated a F Ray car owned by the said victim driving the F Ray car, the said victim left the scene by hand; and (b) 2 in the lower side of the said car, the said car was placed behind the vehicle, which is a dangerous object in the vicinity; and (c) indicated in the charges of repair costs, such as back glass exchange, the said car as “amounting to KRW 2,727,530.” However, the evidence, which is the evidence requested by the prosecutor, “a quotation, etc. (Evidence No. 9),” which is the evidence submitted by the prosecutor, is inadmissible as evidence by the Defendant, and there is no other evidence to acknowledge it, and thus, it is recognized as “unjustifiable repair cost”.

A. There was a damage to be done.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. A report on investigation (the time of crime);

1. A medical certificate of injury (the No. 10 in list of evidence);

1. Part of each image of a field photograph, A’s photo, destruction of E-vehicle, CCTV image-fash, black image-facule photograph, and screen-facule photograph;

1. Application of CCTVs, black stuffs video CDs-related Acts and subordinate statutes;

1. Articles 258-2, 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. The Criminal Act for mitigation of quantity;