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(영문) 인천지방법원 2018.11.09 2018고단6760
상해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Special assault Defendant is a person driving a C golf car.

On September 8, 2018, at around 20:27, the Defendant: (a) around the “F restaurant” operated by the victim E (60 years of age) located in the Southern-gu Incheon Metropolitan City D; (b) around September 8, 2018, the Defendant driven the said golf car, which is a dangerous object for the victim to move the vehicle, even though customers visiting the said restaurant interfered with vehicle traffic due to parked vehicles and requested the victim to move the vehicle promptly; and (c) even if the victim requested to move the vehicle, the Defendant was driving the said golf car, and received the part of the victim’s bridge with the front part of

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The injured Defendant assaulted the above victim as stated in paragraph 1, at the time, at the place, and as described in paragraph 1 of the above, and followed the victim's body flasing away from the vehicle, and led the victim to a multiple times to undergo approximately two weeks of treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing death diagnosis certificates and CCTV photographs at scene;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 257(1) (a) of the Criminal Act, and the choice of fines for crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the method of the crime in this case, the degree of damage, etc., the nature of the crime shall not be mitigated;

There was no agreement with the victim.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

Special assault crimes are likely to occur in the course of preventing the victim from driving the vehicle in front of the defendant vehicle, and they are shocked.

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