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(영문) 광주지방법원 순천지원 2017.06.30 2016고단2713

특수상해

Text

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

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

Reasons

Punishment of the crime

On August 8, 2016, the Defendant was operated by the Defendant on the road owned by the Defendant in the old Military C around 14:56 on August 8, 2016

D Oral E (57) was trying to go as it was, even though the passenger was shocked to the car of the victim E (57) and the injured person prevented the defendant, and proceeded with about 10 meters of Orala, which is a dangerous thing in the front quith of Orala, and led the victim to approximately 2 weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the following: (a) the Defendant does not deny part of his own crime and does not agree with the victim; (b) the degree of injury is not heavy; (c) the Defendant has no criminal record of violence except for those sentenced to minor fine by violence for more than 30 years; (d) the Defendant’s age, sex behavior, family relationship, environment, circumstance and consequence of the crime; and (e) the circumstances indicated in the argument of the instant case, such as the circumstances after the crime, shall be comprehensively considered to determine the sentence as ordered.