(영문) 서울남부지방법원 2018.03.28 2017고단4915

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(영문) 서울남부지방법원 2018.03.28 2017고단4915

특수상해

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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

At around 17:50 on April 19, 2017, the Defendant: (a) driven a car in the Yeongdeungpo-gu Seoul Metropolitan Government, and the victim E (35 years) who driven a Dysttop car on the road of Yeongdeungpo-gu, Seoul, and in relation to the passage of the vehicle, while driving the car, the injured party walked from the vehicle to the seat of the Defendant’s vehicle, and, as the injured party walked from the vehicle to the seat of the Defendant’s vehicle, “if driving or left immediately,” and the injured party departed from the vehicle of the horse-ri, which is a dangerous object under the influence of the driver’s seat knife of the vehicle of the said horse-ri, and led the injured party about about 5 meters, and caused the injured party the injury, such as the mouth, the mouth, the flat, and the left-hand side of the vehicle, which require approximately 12 weeks of care.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. E statements;

1. A medical certificate;

1. The defendant and his defense counsel did not recognize that E was a driver's seat of the driver's vehicle at the time, and there was no intention to commit an injury.

However, the first defendant argued that when the victim's driver's vehicle enters the road in which the driver's vehicle is driving, the victim's driver's vehicle has a horned, leaving the vehicle on the road with a considerable difference from the preceding vehicle, and prevents the progress of the victim's driver's vehicle moving behind the vehicle on the road. The victim demanded that the victim drive the vehicle on the front side of the driver's seat and the defendant, and that the victim would drive the vehicle, and that the defendant started to drive the vehicle in a fluent manner to the effect that the driver's vehicle would drive the vehicle immediately, and that the victim would take a fluence to the effect that the driver's vehicle would drive the vehicle, and that the victim continued to fluent the driver's seat in order to open the door of the driver's seat of the driver's vehicle.

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