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A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 13:40 on May 9, 2014, the Defendant: (a) requested the victim D (the 33 years of age) to leave the Defendant’s factory access road to the Defendant; (b) however, the victim tolded that “the Defendant would have become aware of the fact that the Defendant had been on the Defendant’s factory access road; and (c) thereby damaging the said E panel’s wall so that the amount of KRW 170,000 for repair cost would amount to KRW 170,000 for the part on loading the said cargo vehicle, which is a dangerous object.”
The Defendant continued to drive the above E-container office with the victim as the front part of the above E-container, and caused the container wall to be tightly, and damaged the container office in order for the victim to be able to receive an injury, such as cather, cather, fat, fat, and fat, which require three-day medical treatment by covering the victim, and at the same time, damaged the container office in order to ensure that the repair cost of KRW 3,086,00 is 3,00.
Summary of Evidence
1. Partial statement of witness D;
1. Statement made to D by the police;
1. A report on internal investigation into the site conditions, etc.;
1. On-site photographs;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a criminal investigation report;
1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of causing bodily injury on a dangerous object);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Determination as to the defendant's assertion of Article 62 (1) of the Criminal Act (the same conditions as the above)
1. The Defendant has caused an accident while driving a vehicle.