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(영문) 의정부지방법원 2020.12.07 2020고단3333
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 08:40 on April 27, 2020, the Defendant suffered injury, such as knee knee knee knee knee kne kne knee kne knee kne kne kne kne kne kne kne kne kne kne kne knee knee knee knee knee knee knee knee knee knee kne, which is a dangerous object parked by the Defendant from the victim D (mae 50 years of age) who is a parking manager of the said hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. On-site photographs;

1. A written diagnosis and a written confirmation of hospitalization;

1. Application of CCTV-related Acts and subordinate statutes;

1. Articles 258-2(1) and 257(1) of the Criminal Code of the relevant criminal facts related to criminal facts (the defendant asserts that he/she was sufficient to inflict an injury only while driving a vehicle while driving the vehicle, but did not have an intention to inflict an injury. However, in full view of various circumstances such as the situation at the time of the scene of the case, the defendant was requested from the victim to move parking, the defendant usually predicted vehicle moving route and the defendant in fact at the time of moving the vehicle, the victim was in front of moving the vehicle, the distance between the vehicle and the victim was about 2-3 meters, and the distance between the vehicle and the victim was about 2-3 meters, the defendant parked the vehicle after driving the vehicle even after the shock of the victim, and the victim who was driven on the vehicle after parking the vehicle was the victim again, and it was proved that the defendant driven the vehicle with the intent to inflict an injury on the vehicle as stated in the judgment, there is no reasonable intention to inflict an injury on the defendant as stated in the judgment).

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: the nature of the crime is good in light of the implements of the crime and the risk of the method thereof.

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