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(영문) 광주지방법원 2016.08.18 2016고단1595
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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 April 11, 2016, the Defendant driving a E-si on April 11, 2016, and turn to the left in accordance with the new name in the direction of the modern elementary school in the direction of the bC broadcasting station in front of G department G located in Gwangju Nam-gu, the Defendant was driving a victim H (26 years) that was moving to the right direction of the GBC broadcasting station in the direction of the large elementary school.

I caused a dispute with the victim on the ground that he interfered with the course of the passenger vehicle and brought about in the future of the defendant vehicle.

The Defendant listened to the victim’s words “a person who gets off the string and confirms the black image,” and tried to stop a vehicle at the front of the string, the Defendant continued to drive the said string and received the back part of the k5-car as the front part of the string of the string which the Defendant driven.

As a result, the Defendant carried dangerous objects with the victim about three weeks of medical treatment, and damaged the damaged vehicles to cover approximately KRW 3,543,914.

Summary of Evidence

1. The legal statement of H;

1. On-site reports (related to black boxes and video images), black boxes and video CDs;

1. Photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 366 of the Criminal Act concerning 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. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is deemed to have been committed intentionally on the part of the victim for the reason that the operation of the vehicle driven by the victim interfered with the passage of the taxi in this case, and after the occurrence of ditches, the damage vehicle parked forward in order to cover the time expenses was caused intentionally, and thus, the nature of the crime is not very good, and the occurrence of retaliation by using the vehicle in dangerous items is highly dangerous, and there is a need for a strict punishment for such type of crime.

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