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(영문) 수원지방법원 안산지원 2018.09.12 2018고단2030
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 14, 2018, the Defendant was driving on the road in front of the member-gu Seoul Metropolitan Government, Ansan-si around 05:39 on May 14, 2018

D While the victim E (44) and the horse dispute occurred with the vehicle in K5 vehicle, while the victim put his hand on the window of the open seat for the purpose of getting the defendant to get off the vehicle, the above vehicle was driven by a pay-down and the part inside the door of the vehicle was carried out, and the victim was unfolding on the side of the above vehicle in order not to fall off in the situation where the inside part of the vehicle was able to get off, even though it was 50 meters away from the above vehicle, the part of the bridge was driven away from the road.

As a result, the defendant used a dangerous object vehicle to cover the two parts of the number of days of treatment, the two parts of the elbow and the right part of the elbow.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes on CCTV filmings;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the observation of protection and community service work-related sentencing reasons under Article 62-2 of the Criminal Act, the victim himself/herself was unaware of the fact that he/she had been able to fully know of the fact that the victim was sent

발뺌하고 있고, 피해자의 부상 정도도 가볍지 아니하여 피고인에게 엄중한 책임을 물을 필요가 없지 않으나, 피해자가 처벌을 원하지 않는 점, 동종 전과나 벌금형 이상의 전과가 없는 점 등을 유리한 정상으로 참작하고, 그 밖에 피고인의 나이, 성 행, 가족관계, 범행 후의 정황 등 기록에 나타난 제반 양형조건을 고려 하여 주문과 같이 형을 정한다.

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