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(영문) 수원지방법원 안산지원 2016.08.18 2016고단768
상해등
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 becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On November 29, 2015, the Defendant driven a C Spanpo vehicle at around 12:30, and went through two-lanes in the direction of the U.S. in the direction of the U.S. at the present intersection in the city of Heung-dong at the city of Heung-dong, while driving a vehicle in front of the victim D (56) and doing talking with the victim after driving the vehicle in front of the victim's vehicle, the victim was injured by the victim, while driving the vehicle in front of the victim's vehicle and talking with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to black stuff photographs, black stuffs video CDs and video CDs

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the scope of recommended punishment] General Sentencing (the scope of recommended punishment] and the special aggravated area (six months to three years) [the special aggravated persons] and the motive (excluding four types) for committing the act of criticism;

2. Determination of sentence: The sentence shall be determined in full view of all the conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime.

The Defendant reported the victim’s vehicle to “Icheonacheon,” and avoided an accident by caring the vehicle by a sudden change of the vehicle line, and as a result, the Defendant was resisted by the victim in the process of physical fighting, the Defendant was against the victim’s injury in the course of physical fighting, namely, a simple thought to defend.

The argument is asserted.

However, at the time, the following circumstances can be revealed in view of the black CD images.

① If the Defendant maintained a sufficient safety distance at the time and took the place properly, it seems that the Defendant could have avoided the victim’s vehicle without difficulty.

(2) The defendant shall use his/her vehicle on the street.

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