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(영문) 인천지방법원부천지원 2020.09.16 2020고단759
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 31, 2019, the Defendant: (a) around 17:20 on December 31, 2019, the Defendant was the owner of the B vehicle, and (b) around the “E” restaurant operated by the victim D (V, 51 years of age) who was parked in the front of the said restaurant, (c) was parked in the front of the said restaurant, and (d) knee of the victim by driving the vehicle, even though the victim was waiting to stop the front of the said vehicle.

As a result, the defendant carried a dangerous object, and carried with the victim the number of days of treatment, and put the slocks and slots into which the victim could not know.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of CCTV images, CDs, investigation reports (Submission of victim's diagnosis reports, etc.), copies of medical records, certificates of medical records, and medical certificates in the written statement of witness D's legal statement;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The summary of the argument of the Defendant regarding the assertion of the Defendant and his/her defense counsel under Article 62(1) of the Act on the Suspension of Execution and Social Services and Article 62-2 of the Criminal Act is consistent with that of driving a vehicle at the time and place stated in the facts of crime, but it is sufficient that the Defendant was negligent while driving a vehicle to move or parking

2. According to CCTV images taken under the circumstances at the time of the commission of the crime, in light of the move of the vehicle which can be confirmed through the above images, the Defendant set off against the Defendant who parked the vehicle at a time in front of the Defendant’s SUV car, and even though the Defendant confirmed the vehicle, the Defendant carried the vehicle in front, followed the act of putting the vehicle in front, and repeated the act of putting the vehicle in front, and the victim at the time is confirmed by the face of the vehicle at the time (Evidence less than 15 pages, not more than 15 pages, not more than 17:21:23 seconds, not more than 17:21:42 seconds, not more than 17:21:58 seconds, not more than 17:2:58 seconds), and the location and circumstances of the victim.

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