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(영문) 서울북부지방법원 2020.10.28 2020고단3142
특수재물손괴등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 12:04 on March 28, 2020, the Defendant driven a B rocketing car, driving along the two-lane road in front of Seongbuk-gu Seoul Metropolitan Government from the right west to the right camb. On the other hand, with the intent of having the EF car driven by the victim D (Nam, 39) alter the course from the two-lane to the right camb. On the other hand, the Defendant would threaten the vehicle driven by the said victim by overtaking the vehicle, and then change the lane. On the other hand, the Defendant cut off the street by changing the way of changing the way of the vehicle driven by the said victim to the other side, and even if there is no obstacle at the right camb, the Defendant would have the vehicle driven by the said victim by the front part of the vehicle driven by the said victim.

As a result, the Defendant carried dangerous things and inflicted injury on the victim D, such as salt ties and tensions, which require a medical treatment for about two weeks, and inflicted injury on the victim G (Vs, 30 years old) who was on the top of a passenger car driven by the said victim, such as chills, tensions, etc. requiring medical treatment for about two weeks, and at the same time, damaged the eF car owned by the victim H by the sum of 950,313 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. Application of the Acts and subordinate statutes on photographs by means of a medical certificate (D, G), an accident site involving the details of damage, vehicle photographs, and closures;

1. Articles 258-2 (1), 257 (1) (the point of special injury), 369 (1), and 366 (the point of special destruction and damage, and the choice of imprisonment) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a crime of special injury heavier than a heavier punishment) Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the following extenuating circumstances among the reasons for sentencing):

1. The defendant is serving a suspended sentence under Article 62(1) of the Criminal Act.

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