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(영문) 부산지방법원 2016.10.26 2016고단4700
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Around 23:00 on February 5, 2016, the Defendant: (a) discovered a e-e-mail vehicle owned by the victim B, parked in the vicinity of the city of Busan, the Defendant damaged the glass door by inserting the front glass door of the said vehicle and destroying the repair cost amounting to KRW 550,00,00,00, which is a dangerous thing (20cc wide, 20cc long, 20cc long, and 70cc wide).

Accordingly, the defendant, carrying dangerous articles, destroyed property.

2. Around 08:20 on May 19, 2016, the Defendant suffered a special injury: (a) in the street in front of D, located in Busan YY-gu, Busan YY-gu; (b) caused the loss of glass of the said vehicle; (c) caused the victim’s head by inserting in one time the insertion, which is a dangerous object at the scene (the size of 20 cm, length 20 cm, total length 70 cm). On the part of the vehicle, the Defendant continued to board the vehicle and continuously operated the FAW-lur car, which is a dangerous object to prevent the victim from proceeding, thereby pushing the victim; and (d) caused the victim’s damage to the victim’s reputation that requires the victim’s treatment for about 14 days, by stopping the vehicle immediately, thereby impairing the victim’s head for about 14 days.

In this respect, the defendant carried a dangerous article inserted and carried a motor vehicle, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury), an investigation report, and a written estimate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 369 (1) and 366 (a) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation reflects the depth of the crime under Articles 53 and 55(1)3 of the Criminal Act, and for the victim.

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