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(영문) 대전지방법원 2017.10.26 2017고단1172
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 February 28, 2017, at the parking lot in front of the Dispute Resolution Co., Ltd. in Daejeon-gu, Daejeon-gu, Seoul-gu, about 11:19, the Defendant was in dispute with the victim E (the victim E, 30 years of age) and wage issues. In order to leave the place, the Defendant was able to board and drive the Defendant’s vehicle with the Defendant’s hure part of the victim’s kne part, which is a dangerous object by driving the said vehicle, with the victim’s front kne.

The Defendant continued to repeat the back and back-up of the main set of the said car by the injured party, while the injured party saw the threat to the floor, and even though the injured party gets off the floor and gets off the string, the injured party 1-2 meters away from the string.

Accordingly, the Defendant assaulted the victim with a motor vehicle, which is a dangerous object as above, and led the victim to the right sleep, which requires treatment for about 14 days.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Photographs taken at the time of dispatch;

1. Each report on investigation;

1. Application of CD-related Acts and subordinate statutes;

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 to mitigate small amount;

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

1. The defendant and his/her defense counsel's assertion on the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order asserted that the injured person merely proceeded with the vehicle by blocking the front of the vehicle and did not cause any injury to the vehicle. However, according to each evidence duly adopted and investigated, the above assertion is not accepted since the defendant's injury requiring approximately two weeks of care is sufficiently recognized.

The reason for sentencing [the scope of recommendations] General Injury (the scope of recommendations) is the basic area (from April to June) (special mitigation (special mitigation)), minor injury (i.e., type 1 and 4), and (ii) dangerous personal injury (decision of sentence).

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