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(영문) 서울남부지방법원 2019.03.14 2018고단4829
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 16:30 on May 19, 2018, the Defendant got the victim E (the aged 56) who stops the vehicle on the third line of the said third line while driving the D Kaf vehicle on the front of the C Bank located in Yeongdeungpo-gu Seoul Metropolitan Government, and driving the said third line of the said road, and caused the victim to go beyond the floor of the road where the said knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife of the said Defendant.

As a result, the Defendant carried a dangerous object, and inflicted an injury on the victim, such as spatitis that requires treatment for about three weeks.

Summary of Evidence

1. Legal statement of witness E;

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

1. E written statements and damaged photographs;

1. Reports on internal investigation (Submission of a medical certificate of injury of a victim);

1. On the attachment of an internal investigation report (as to the attachment of a black picture) [the defendant and his defense counsel] stating that the defendant was unaware of the fact that the victim was knicker of the vehicle auxiliary seat in the judgment, and that the defendant denied the intention of injury. The defendant stated at the investigative agency that "the defendant made the victim intending to open the door of the vehicle, told the victim to fall from the vehicle, and drive the vehicle without confirming whether the victim was deprived of the vehicle." (In full view of the evidence No. 49,50 pages of the evidence record, and the time and the progress between the defendant and the victim recognized by the above evidence, and the distance and time between the victim and the victim, it is reasonable to view that the defendant operated the vehicle without knowing that the victim was knicker of the vehicle after the time.

As above, the Defendant who denies the intention of the injury as long as he had been aware of the fact that the victim was injured.

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