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(영문) 서울남부지방법원 2014.04.30 2013고단4450
상해
Text

A defendant shall be punished by imprisonment for one year.

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

On September 1, 2013, the Defendant, at around 06:30 on September 1, 2013, operated cargo vehicles on the road near the luminous Underground Road and continued to run on the inside of the breath section, and changed the lane, the Defendant, on the ground that the victim C (ma and 63 years of age) who driven a taxi did not yield the concession, was dissatisfied with the victim.

On September 1, 2013, the Defendant: (a) around 06:33, the Defendant: (b) opened a driver’s seat in the taxi of the victim who was parked in the signal line at the front of the “Korea-do-based 371-23 additional road located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and moved the victim back to the taxi by putting him into the taxi; (c) moved the taxi forward to the taxi, and (d) continuously tight down the breath of the breath of the bridge, which requires approximately 12 weeks of treatment, led the victim to the injury of the breath of the bridge, accompanied by a bridge that requires approximately 12 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accused in the first protocol of trial;

1. C’s legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution (including the part concerning the statement inC);

1. Statement of the police statement regarding C;

1. C’s statement;

1. Records and lists of police seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed the instant crime on the road by attracting the victim from the vehicle of the victim stopped solely on the ground that the Defendant was dissatisfied with the victim during the change of the lane, and that the Defendant practically denied the crime even until the closing of pleadings in the instant case is disadvantageous to the Defendant.

The fact that the victim does not want the punishment of the defendant by agreement with the defendant, that the defendant does not have any special criminal power except the criminal records of fines, and that the defendant has recognized the fact of assault and wrong.

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