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(영문) 춘천지방법원 2016.09.06 2016고단615

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

Around 13:00 on April 20, 2016, the Defendant was trying to drive and depart from the vehicle on the street in the Dong-gu, Yacheon-ro, Yacheon-ro, Yacheon-ro, Yacheon-ro, Yacheon-ro 439, on the ground that the vehicle of the victim C (the age of 49) was obstructed by the Defendant’s vehicle, and the victim was sat down with the satch (the length of 95 cm) that is a dangerous object stored in the Defendant’s vehicle, and caused the victim’s injury, such as catum dumf, which requires approximately two weeks of treatment.

The Defendant, while carrying such dangerous objects, inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Investigation report (to hear statements from shots);

1. Records of seizure, lists of seizure and photographs of seized articles;

1. A written diagnosis of injury (C);

1. Application of Acts and subordinate statutes to photographs, on-site photographs, and damaged parts of the party;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion is that the Defendant, at the time, did not satisfe the body of the victim’s right shoulder.

2. In full view of the following circumstances that can be recognized by the evidence of the judgment, the Defendant’s act of cutting down the body of the victim’s right shoulder as stated in the judgment, and sufficiently recognizes the fact that the victim’s right shoulders once as stated in the judgment, and the circumstance asserted by the Defendant and the defense counsel is behind the recognition.