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(영문) 부산지방법원 2017.12.13 2017고단4828
특수상해등
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

On August 10, 2017, around 17:35, the Defendant had been towed in P.O. on the same day before the towing station of the vehicle in Busan Dongdong-gu C, and had the vehicle recovered through the exercise of the power without paying the towing cost for Done Star owned by the Defendant who was under custody in the said storage station.

Although the Defendant is obliged to pay towing costs to the office at the entrance of the said storage place, the Defendant immediately went to the entrance of the storage place by using the key previously owned by the said Lone Star, which was immediately kept, without any procedure, and immediately went to the entrance of the storage place. While the Defendant discovered the Defendant to leave the place, the victim E, who discovered the Defendant, demanded the Defendant to stop the front of the Defendant’s vehicle at the entrance, cut off the front of the vehicle, cut off the Defendant’s hand on the front of the driver’s seat, and cut off the scene, without lowering the speed.

As a result, the defendant forcibly taken his own property belonging to the possession of the victim by assault and used dangerous things to put the victim about about two weeks of medical treatment, such as hand, hand, and other parts of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. E statements;

1. A written diagnosis of injury;

1. On-site reports ( On the analysis ofCCTV);

1. Application of Acts and subordinate statutes to the investigation report (the next inquiry);

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 325 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective points, there is no record of punishment exceeding a fine, and considering the fact that the victim does not want the punishment of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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