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(영문) 인천지방법원 부천지원 2017.09.20 2017고단1508
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above 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 1, 2017, the Defendant: (a) driven a low-priced vehicle at C in the direction of the proceeding on April 15:10, 2017, on the ground that the victim D(27 years) who was proceeding on the right side of the direction while trying to change the course to make a right-hand route on the front of the 239 small wind terminal as in Bupyeong-si, Seocheon-si, did not yield the course to himself.

Accordingly, the Defendant: (a) entered the above rash terminal by the rash vehicle; (b) interfered with parking three times by raising the speed of the rash vehicle every time the injured person stops; and (c) sold the victim’s kne kne part in front of the vehicle in front of the above mane part of the vehicle after parking the vehicle; (d) the injured person prevented the victim from driving the vehicle in front of the mane kne part of the victim’s right knee, and again proceeded with the victim’s right kne part of the vehicle to report.

As a result, the Defendant carried a dangerous article with a low-priced vehicle and inflicted an injury on the victim, such as salt, tensions, etc. in the ceiling bed for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs (scambling images);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime.

- The Defendant received two times a victim walking along a motor vehicle on the ground that he/she became a fire.

The risk is very serious.

Criminal quality is bad.

- The degree of injury to the victim is minor.

shall not be deemed to exist.

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