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(영문) 대구지방법원 2017.11.02 2017고단3392

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2017, at around 10:57, the Defendant, upon the request of the victim D (60 years) who was under traffic control in the Jeju-gu Seoul-dong-gu-gu-gu-gu-U.S.-dong-gu-gu-gu-gu-U.S.-dong-gu-gu-gu-U.S.-U., the Defendant: (a) refused to move the vehicle to another place; and (b) stopped the vehicle before the traffic signal at the place where the victim got off; (c) on the other hand, the Defendant stopped the vehicle and stopped the vehicle; (d) on the other hand, the Defendant started the vehicle with the driver’s seat window opened by the victim and stopped the vehicle at the front of the traffic signal. However, even though the victim was aware of the state in which the driver’s seat window is being installed, the Defendant started the vehicle and caused the victim to drive the vehicle beyond the road where the Defendant was able to drive the vehicle.

As a result, the defendant carried a dangerous object, and inflicted an injury on the victim, such as the right shoulder for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. A survey report on actual conditions;

1. Application of the three Acts and subordinate statutes to the black and video video CDs

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: (a) the sentencing conditions specified in the records and arguments of the instant case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., shall be determined in light of the overall sentencing conditions specified in the text.

D. Unfavorable circumstances: The crime of this case is committed by carrying a dangerous article, and causing injury to the victim who has controlled traffic, and is not good in the nature of the crime.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

The defendant agrees with the victim (payment of 2 million won by criminal agreement).