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(영문) 창원지방법원 2016.05.25 2016고단272
특수상해등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who works for E in Kimhae-si as an employee (intermediate manager), and the victim F (29 years) is a person who conducts the duty of inspection of similar petroleum and the collection of samples under the jurisdiction of Youngnam Headquarters G of the Korea Petroleum Institute.

1. Around January 21, 2016, the Defendant, within E around 13:40 on January 21, 2016, 2016, got the victim, who was unable to collect samples from H tank glass to collect fake oil, leading the victim to a trial run in the said tank driver’s seat.

As the injured party gets off the driver's seat of the vehicle and gets off the Defendant, the Defendant forced the driver's seat to shut down the victim's left hand in the door. Nevertheless, the victim did not set the driver's seat so that the injured party was at a speed of about 50 meters and caused the injured party to get off the vehicle far away from the vehicle as soon as possible.

As a result, the defendant used a tank lorri vehicle, which is a dangerous object, to inflict an injury on the victim, such as salt pans in Section 1, 2, and 3 on the left side of the 1, 2, and 3 water that require approximately two weeks medical treatment.

2. No person who violates the Act on Petroleum and Substitute Fuel shall refuse, interfere with, or evade the collection of samples by entering a place of business in order to inspect the manufacture, transportation, storage, sale, etc. of fake petroleum products;

Nevertheless, the Defendant, at the same time and place as Paragraph 1, refused and obstructed the gathering of F’s samples by getting out of a tank, such as Paragraph 1, in order to collect samples from H tank glass to inspect fake oil.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2(1), 257(1) (a) of the Criminal Act, and alternative fuels for petroleum and petroleum.

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