(영문) 서울남부지방법원 2018.10.31 2018고단2332

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(영문) 서울남부지방법원 2018.10.31 2018고단2332

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 14, 2018, at around 14:50, the Defendant: (a) performed a dispute due to the urban bus contact with the vehicle operating by the Defendant in the front of Gangseo-gu Seoul Metropolitan City, and the vehicle operating by the Defendant on the road, and the vehicle operating by the Defendant B (49) of the Victim B (49), and (b) intended to take the victim’s bath while taking the victim’s bath, and take the victim’s bath by other hand; (b) the victim spabling the Defendant’s hand and spabling the Defendant’s hand, and (c) the victim spabling the victim’s parts, such as the victim’s hand, and spabling the victim’s spab from the next floor.

As a result, the Defendant inflicted an injury on the victim, such as crossing 1 and 2, the right side side of which needs to be treated for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. On-site dispatch reports;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing vehicle booms video CDs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. According to Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation (the applicant for compensation sought payment of money calculated at the rate of KRW 8,969,742 in total of medical expenses, transportation expenses, consolation money, daily income, etc., and 15% per annum, but it is recognized that it is not reasonable to issue an order for compensation because the scope of the Defendant’s liability for compensation is not clear, the Defendant’s compensation order is determined by considering the following circumstances: (a) a confession of the reasons for sentencing; (b) there is no criminal record; (c) the victim’s injury is serious; (d) the victim’s injury is not recovered; (c) inconvenience is inconvenience to the passengers who have used the bus driven by the victim due to the instant crime; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (e) the records and changes revealed after the instant crime.

참조조문

-형법 제257조 제1항

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