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(영문) 의정부지방법원 고양지원 2017.11.21 2017고단2340
특수상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 13, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault against a driver of a motor vehicle in operation on the back head of the victim who was driving while taking a bath on the ground that the victim F (55 years of age) was not driving on his/her own, while he/she was walking a G taxi in front of the “E” located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City.

2. In the date and time set forth in paragraph 1, the Defendant: (a) when the victim stops at a place; (b) when the victim stops, and (c) when the victim asks for a taxi to pay the taxi fee, the victim “isftened in the taxi”; (d) when the head and face of the victim is faced by drinking; (e) the victim’s head and face are faced by drinking; (e) the victim’s mooring and the part of the bridge are walking; (e) the victim was faced with the dangerous size of drinking, which is a dangerous thing, and (e) when the victim was f6cc away from the dangerous thing, the victim was able to receive approximately three weeks medical treatment.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of steel fluoral and fluor video fluoral images;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime (the point of special injury) and Article 5-10 of the same Act concerning the punishment;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The defendant is not limited to those that assault the driver of a vehicle driving without any special reason, but also the taxi expenses.

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