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(영문) 광주지방법원 2018.04.13 2018고합73
특수폭행치상
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle of Lastren.

On February 2, 2018, the Defendant driven at the private distance intersection in front of the electronic public announcement in Gwangju Mine-gu, Gwangju, and the victim D (52 cc) E-city in front of the electronic public announcement, on the ground that he obstructed the course of the vehicle of the Defendant, the Defendant was driving at approximately 400 meters of the victim’s driver’s license in the form of retaliation two times in front of the victim’s driver’s license in front of the victim’s driver’s license and received the back part of the Defendant’s vehicle with the front part of the victim’s driver’s license.

As a result, the Defendant assaulted the victim with a car, which is a dangerous object, and caused the injury to the victim, such as the salt, tension, etc. of the trend requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Traffic accident photographs;

1. Each investigation report (including the documents and photographs attached thereto Nos. 15, 18, and 18 of the evidence list);

1. Application of Acts and subordinate statutes of a medical certificate;

1. In light of the pertinent Article of the Criminal Act and Articles 262, 261, and 257(1) of the Criminal Act regarding criminal facts and the facts charged and the investigation records, the fact that Article 257(1) of the Criminal Act does not appear to be written in the indictment as an example of punishment pursuant to Article 262 of the Criminal Act is obvious that it is a clerical error by mistake, and even if it is corrected, it does not cause any substantial disadvantage to the defendant’s exercise of his/her right to defense. Thus, it shall be corrected ex officio without

(Selection of Imprisonment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for six months to five years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be the area of mitigation of the punishment by means of violence crimes in the second category (the injury or injury caused by violence).

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