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(영문) 의정부지방법원 고양지원 2021.02.08 2020고단2090
특수상해등
Text

A defendant shall be punished by imprisonment for nine 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. A special injury or damage of special property was done by the Defendant on May 16, 2020, along the two-lane road in front of Yongsan-gu Seoul, Yongsan-gu, Seoul by driving a Bchier car on May 16, 202 and driving it along the two-lanes, the Defendant opened a window on the ground that the Defendant’s vehicle was changed in the course to the front section of the EMW vehicle driven by the victim D ( South, 25 years old) and took a bath for each other, while moving the car into the front section, and eventually, the said BM vehicle was kept on the right side of the said BM vehicle as the left side part of the CM vehicle.

As a result, the Defendant, carrying a dangerous object, suffered from the victim's driver's car, and inflicted an injury on the victim, such as "influoral salt and tension," which requires treatment for about two weeks, and at the same time, damaged the above damaged vehicle in amount to KRW 5,290,510.

2. The Defendant temporarily and at the above time and place of assaulted the victim D (in South and in the age of 25), parked the vehicle, and assaulted the victim by cutting off the breath’s breath by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (the analysis of black stuffs and images);

1. Application of Acts and subordinate statutes of a medical certificate of injury, estimate, and medical certificate;

1. Article 258-2 (1), Article 257 (1) (a) of the Criminal Act, Article 369 (1), Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, concerning facts constituting an offense;

1. Selection of imprisonment with prison labor (limited to imprisonment with prison labor for any special injury) with respect to the crime of elective assault of a punishment prescribed in Articles 40 and 50 of the Criminal Act (a person who is between the crime of special injury and the crime of destroying special property and the punishment specified for a special injury heavier than 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. A motor vehicle which is a dangerous article for the reason of sentencing under Article 62(1) of the Criminal Act.

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