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(영문) 서울중앙지방법원 2018.05.03 2017고단8819
특수폭행치상
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who drives CMW R1200 RT.

On June 18, 2017, the Defendant driven the above-wheeled vehicle around 16:30, and led to the two-lanes of the national highways No. 205-1 adjacent to the Gyeonggi-gu Yangyang-gun National Highway No. 205-1 adjacent to the Gyeonggi-gu Seoul National Highway No. 70 to 80km at the speed of 70 to 80km, depending on the Seoul bank.

At the time, the Defendant, along with the two-wheeled vehicle driven by the one-way driver D, was driving the said road on the one-way way. However, in the course of changing the two-lanes of the FFF Kaland driving on the two-lanes of the victim E(61) driving on the said two-lanes, the Defendant tried to threaten the Defendant to interfere with the Defendant’s course of victims of the two-wheeled vehicle, by making it clear that the said D and the Defendant would receive the two-way vehicle, and by interfering with the Defendant’s course.

Accordingly, the Defendant changed the two lanes to the two lanes of the above road, while proceeding with the passenger car of the victim who was going on the one lane following the change of the two lanes, putting about 10 seconds across the two sides of the road, and putting the finger, and changing the two-way line into one lane in the shape of the victim's son, and operating the brake with the back part of the two-way one of the victim's wheel.

After all, the Defendant carried a dangerous object, and assaulted the victim, and suffered bodily injury, such as salt pans, tensions, etc., in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph the damaged vehicle booms image images;

1. Articles 262, 261, 260 (1), and 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. While the operation of a retaliationed trial is not likely to occur under the circumstances where the reason for sentencing under Article 62(1) of the Criminal Act is extremely high, the defendant committed the instant crime.

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