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(영문) 대전지방법원 2016.11.16 2016고단2866

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

On May 4, 2016, at around 18:35, the Defendant was driving a B private taxi in front of 183, a 140-gil, Dong-gu, Daejeon, Daejeon, on the street, and became a starting cost due to the passenger car and the car car driven by the victim C (year 35) and caused a traffic accident.

In the course of the traffic accident, the Defendant: (a) assessed the victim’s face on one occasion by using ice lease, which is a dangerous object on the ground that the victim of the traffic accident took a bath to himself; (b) brought about the victim’s face and part of the victim’s face at one time, and threatened the victim’s face and part of the knife with knife at one time; and (c) threatened the victim with the victim’s knife at one time, “I do not think that knife knife knife knife knife knife knife, knife knife knife knife and knife knife knife knife.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to C and D;

1. The above argument by the defendant is difficult to accept in light of the following facts: (a) the bodily injury diagnosis letter [the defendant partly contests the facts charged to the effect that the defendant did not make the words above and did not take a food and plant, or (b) the defendant's statement consistent with the victim C and witness D, which fit for the facts charged, and it seems that the defendant could not accurately memory the contents of his/her crime because he/she was evised with evis evis

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that there is no criminal record exceeding the fine, the fact that there is no contingent crime, the fact that the degree of damage seems not to be excessive, the fact that the degree of damage seems not to be excessive, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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