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(영문) 광주지방법원 2017.06.15 2016노2931
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict any injury on the victim and did not have any intention to inflict any injury.

B. The sentence of the lower court (two years of suspended execution in June, and one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. On August 20, 2015, the summary of the facts charged with special injury part 1) The Defendant, at around 06:10 on August 20, 2015, when the Defendant was the husband of the Defendant F (62 years of age) on the farm road E in Naju-si around 06:10.

On the other hand, when the victim tried to go to the house by driving a defective GM5 car in 112 on the 112, the victim driven the above car, which is an object dangerous to the street string of the vehicle, as it is, and led to the damage to the part of the vehicle, which requires approximately two weeks of treatment to the victim with the left side of the vehicle.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2) The lower court’s judgment on the following grounds, on the following grounds, found that the Defendant inflicted an injury on the victim and had the intent to inflict an injury even if the Defendant did so.

The decision was determined.

(1) The injured party has consistently stated from an investigative agency to the court of the original trial to the effect that the injured party suffered bodily injury by consistently turning the left side of the motor vehicle driven by the accused toward the left side of the motor vehicle. In light of the attitude and attitude of the statement in the court of the original instance, such statement has credibility.

② Even when considering the black image of the Defendant’s driving vehicle, when the Defendant’s driving vehicle passes along as the victim is on the left-hand side of the vehicle, the victim’s “malicious” and the traffic of the string is fluent.

③ At the time of the instant case, the members of the first-aid service, who were dispatched to the scene, was at the pressure roof of the victim’s bridge, and the victim was diagnosed to the effect that the victim visited the main hospital on the day of the instant case and visited the main hospital to the effect that it is necessary to receive approximately two weeks’ medical treatment due to damage to the sacrific pressure.

(4) The injured party shall block the front of the accused's vehicle.

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