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(영문) 서울서부지방법원 2018.04.27 2017고단3541
특수상해
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

The defendant is a person who drives a FF car.

On September 3, 2017, the Defendant: (a) driven the above vehicle at around 12:40 on September 3, 2017; (b) driven the three-lane road in front of Mapo-gu Seoul Metropolitan Government G on the road at the location of Mapo-gu Tax Office in the vicinity of the said road along the one-lane road; (c) the Defendant was deprived of the victim H on the ground that the victim H(30 tax) driven by the victim H, who was driving in the same direction two-lane above the two-lane road in the front direction, began at a speed higher than the Defendant’s driver’s vehicle who was making a stop at a speed going to the front intersection signal.

I think, in the future of the above K7 vehicle, he saw a hub in the front of the above K7 vehicle, and the victim runs along the three-lane, again, he saw the above K7 vehicle in the front side of the above K7 vehicle, thereby obstructing the progress of the above 7 vehicle, and the victim runs along the two-lanes, and then the above 7 vehicle was rapidly cut in the front side of the above 7 vehicle, and received the above 7 vehicle front part.

As a result, the Defendant carried a dangerous article, and inflicted injury on the victim H, such as salt, tensions, etc. in need of treatment for about two weeks, and suffered injury on the victim J(22) who is the passenger of the above K7 vehicle, for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (verification of victim booms and video images);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of a victim);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following circumstances favorable to the sentencing) of the suspended sentence;

1. Unfavorable circumstances: The crime of this case is likely to cause a traffic accident that causes the shock of a vehicle while the defendant was taking a so-called retaliation;

1. favorable circumstances: the Defendant is the first offender, and the victims.

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