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(영문) 울산지방법원 2019.10.11 2019고단690
특수상해
Text

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

At around 16:00 on August 16, 2018, the defendant was a person who was in a relationship with the victim B (n, 47 years of age) and was dissatisfied with the vehicle insurance problem at the CUnion office where the defendant works.

On August 16, 2018, the Defendant, while driving a MF520 car on the road located in Nam-gu, Nam-gu, Ulsan-si, Seoul-si on August 17:48, 2018, the Defendant: (a) demanded that the victim boarding a taxi, who was caused by the Defendant, would stop the said car and stop the vehicle from the vehicle; and (b) started the said car, which is an object with the said car, which was a dangerous object to have the said car set up on the two strings and the strings, leading the victim and going beyond the floor, thereby requiring approximately three weeks medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Notification of traffic information CCTV CDs or video appraisal results;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant and his defense counsel’s assertion regarding the Defendant and his defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. of Social Service Order Act, and the Defendant’s defense counsel asserted that there was no intention of injury since the Defendant did not recognize the fact that the victim was able to drive the vehicle at the time of departure.

However, in full view of the following facts and circumstances acknowledged by the above evidence, it can be recognized that the defendant, at the time of the departure of the vehicle, knew and proceeded with the fact that the victim was able to have a string on the side of the driver's seat, and according to the above facts, it is recognized that the defendant

1. At the time, the victim was examined at the time and stated in the police as follows:

"At the same time, the windowpanes" shall be considered as one hand.

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