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(영문) 인천지방법원 2017.08.10 2017고단13
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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 December 15, 2016, the Defendant operated a high-priced car around 10:55, and operated a YMCA shooting distance to the art of Nam-gu Incheon, Nam-gu from the view room to the private distance of the literature center, on the ground that the victim D (34 ) interfered with the course of the Defendant’s vehicle (E golf vehicle) with the damaged vehicle.

The Defendant, while driving away from the damaged vehicle that driven along one lane, has kidddd the two lanes to one lane, followed by a sudden bracking, and led to a sudden broke, the front part of the damaged vehicle was shocked by the vehicle behind it.

Ultimately, the Defendant: (a) caused damage to a motor vehicle, which is a dangerous object, caused damage to the damaged motor vehicle, thereby damaging the repair cost equivalent to KRW 4,331,206 through the exchange of strings, etc. after the damaged motor vehicle; and (b) at the same time, the Defendant inflicted an injury on the fluent base, etc. requiring approximately two weeks medical treatment on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written diagnosis and written estimate for vehicles;

1. Application of the Acts and subordinate statutes governing virtual vehicles, photographs of damaged vehicles, and black stuffs video CDs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense; Articles 369 (1) and 366 of the Criminal Act;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Crimes during the period of suspended sentence for sentencing under Article 62-2 of the Criminal Act, agreements with victims, reflects the extent of damage, and other factors such as motive and circumstance for crimes, the age of the accused, sexual conduct, family environment, etc. shall be considered;

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