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(영문) 서울북부지방법원 2020.12.09 2020고단4030
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a car in a SP area B.

Around 14:40 on June 13, 2020, the Defendant driven the said car and proceeded along the first lane in the vicinity of the Hancheon-ro, Seoul Special Metropolitan City, Nowon-gu, along the Hancheon-do Road, on the ground that the Defendant turned the said car from the second lane to the front line of the said car for the victim C (28 years of age) driving the car from the second lane to the front line of the said SP. However, the Defendant changed the two lanes to the two lanes, and then rapidly changed the course to the first lane, and then was pushed the said SP car to the front line of the said vehicle to the front line of the said SP.

As a result, the Defendant carried a dangerous object, and inflicted an injury on the victim, such as salt, tensions, etc. of the chills that need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written diagnosis of the police statement of C;

1. Application of Acts and subordinate statutes to victim and suspect booms images and investigation reports (report on the confirmation of vehicle booms images);

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

1. Although the crime is not likely to be committed as a case of the so-called retaliationed driving on the grounds of sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by considering the circumstances favorable to the defendant, such as the defendant’s age, character and behavior, environment, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc., in light of the following factors: (a) the defendant's mistake is against his or her will be recognized, and the result of his or her multiple injuries is not serious; and (b) the defendant exceeds a fine or has no same criminal power.

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