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(영문) 서울남부지방법원 2017.09.13 2016고단6335
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2016, the Defendant operated the off-to-land on the apartment-type factory street road located in 228, 09:40 on the west-ro 17, 2016, when the Defendant was operating the off-to-land on the apartment-type factory site located in 228, the Defendant came to have the damaged person out of the vehicle by opening a car with the victim's vehicle, and by opening the dial door with the victim's vehicle and putting the damaged person out of the vehicle.

Therefore, the victim reported to the police by telephone, and the defendant got out of the site and prevented the victim from driving ahead of the Otoba in order to prevent this, but the defendant proceeded with the Otoba and sustained the victim's bridge with the front qui of Otobaba, leading the victim to the injury of the victim, such as the left side of the 14-day medical treatment.

In this respect, the Defendant inflicted an injury on the victim by using dynaf, which is a dangerous thing.

Summary of Evidence

1. The legal statement of the witness C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photograph by cutting down a course;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. While rejecting an application for compensation, Article 32(1)3, Article 25(3) and 3, and Article 25(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the intention of injury on the grounds of sentencing is denied, the act itself is against the law.

There is no record of violent crimes and there is no record of criminal punishment other than fines.

In addition, the punishment shall be determined as ordered in consideration of the degree of injury, the circumstances leading to the crime, etc.

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