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(영문) 수원지방법원 안산지원 2015.11.24 2015고단1714
상해
Text

A defendant shall be punished by imprisonment for six 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

On July 16, 2015, the Defendant was sentenced to the Seoul Southern District Court for two years of suspension of the execution of imprisonment with prison labor for an injury, and that judgment became final and conclusive on July 24, 2015.

At around 19:30 on June 2, 2015, the Defendant 2: (a) was walking a road front of the drainage pumps located in 46-16-16 Gwangju-dong 46-16, the Defendant: (b) caused the victim B to have his string the border of the vehicle; (c) laid down his hand with the window which is opened with the driver’s seat after leaving the string of the vehicle; (d) caused the head on one occasion by putting the string the string of the vehicle; and (e) putting the string with the window which is opened with the driver’s seat after leaving the string of the vehicle; and (e) caused the string of the victim’s head from the vehicle, flicking the string of the string of the string, the head of the string, and stringing the string to the head for about 1

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning C and B;

1. A medical certificate and a written result of autopsy;

1. Reproduction of black boxes, video CDs;

1. Damage photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (report on the fixed date by Defendant A);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [whether or not the sentencing guidelines are applied] The crime of this case is related to the injury for which the judgment becomes final and the concurrent crime under the latter part of Article 37 of the Criminal Act

[Specific reasons for sentencing] The Defendant committed an assault against the victim in a vehicle after blocking the victim on the ground that the victim was frightening the vehicle, and assaulted the victim, and committed an assault against the victim on the vehicle. Even after the dispute over the taxi engineer who was behind the victim’s vehicle, the victim continued to assault the victim and inflict an injury on the victim, and the nature and circumstances of the crime are not good, and the Defendant has been punished several times for the same crime even before the instant crime was committed. It is agreed with the victim.

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