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(영문) 인천지방법원 2020.10.21 2020고단6456
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

At around 10:40 on May 23, 2020, the Defendant: (a) moved the victim E (E, South and 58 years of age) who drives the D Bus on the front of the Yeonsu-gu Incheon Metropolitan City B while driving the Crober vehicle and waiting for signal, but the signal has not been changed, and (b) moved the Defendant into the side and made the Defendant speak that the Defendant would be “discept out of the departure”; (c) he rapidly changed the course in the front of the damaged vehicle driving along the two-lanes of the above road, and (d) he was faced with the front side of the damaged vehicle and the front side of the Defendant’s vehicle.

As a result, the Defendant carried dangerous things with the victim and suffered injuries, such as salt panion in the part of the neck that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (video analysis) to E in the police statement, investigation report (verification of the details of victim E treatment);

1. Application of Acts and subordinate statutes to vehicles damaged parts, photographs, and diagnostic certificates;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Article 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributor: The area of reduction [the area of recommendation and recommendation range] mitigated, and four months to one year;

2. The sentencing criteria set forth in Article 51 of the Criminal Act, including the following circumstances, shall be determined within the scope of the sentencing criteria as ordered by the order.

- Although the victim was a skilled bus driver and did not suffer damage as a result of the rapid operation of the bus, the risk is high in light of the method and method of the crime, the situation in which many passengers on board the bus were on board the bus.

-There are several penalties for traffic offense, but there are no records of the same kind of violent crime.

- - 3 million won for the recovery of damage.

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