(영문) 서울동부지방법원 2017.10.25 2017고단2342

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2017.10.25 2017고단2342

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of 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 April 13, 2017, around 13:25, the Defendant: (a) obstructed the progress of DM business cars owned by the Defendant on the ground of traffic control for the “Sewal Culture Festival” by the victim C (43 years) in front of the lower right edge of Incheon, Incheon, and (b) proceeded with the said car, which is an object of disregarding and dangerous nature; (c) followed the victim’s left side side with the right edge of the said car, and led the victim to approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement under C or E in the suspect examination protocol against the accused;

1. Application of the Act and subordinate statutes, such as black stuffs and video (List 23)

1. Articles 258-22 and 258 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The criminal facts on the grounds of sentencing of Article 62-2 of the Criminal Act, including the observation of protection and observation, do not sufficiently reveal the illegality of the act. According to the victim's statement and black box image, etc., the defendant driving the victim as a threat to shocking the victim, thereby causing the injury as above, and even though the victim's front wheels was demanded to drive the victim, the victim was refused to stop his/her vehicle with the main set and left the vehicle while the victim's front wheels followed the victim's growth, etc., but he/she also rejected the victim's driver's request to drive the vehicle with the main set and left the vehicle at the "P" location, and he/she was b

E opened a door to be sought by E and released from a motor vehicle and parking hub, and again the Defendant continued to inflict an injury on the victim by preventing the vehicle from driving, etc. by following the Brack, thereby obstructing the victim’s escape (the time of the second file containing the part of the total four files that the damaged person sustained continuously suffered from the damage is one minute). Of the four files of the video, the act is heavy.

Since there is a major reason to affirm the suspension of execution by mutual consent with the victim, the enforcement is suspended.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제258조의2 제2항

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