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(영문) 대전지방법원 논산지원 2016.11.08 2016고단424

특수상해

Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On June 30, 2016, the Defendant was sentenced to a suspended sentence of two years on July 8, 2016 by the Seoul Southern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

On December 31, 2013, at around 00:41, the Defendant driven the B letob in front of the Yandong in Gangseo-gu Seoul Metropolitan City, and went to the place where the victim C (the age of 51) was a victim of his name unfashing, coming to the place where the victim was a driver in front of the taxi driven by the victim C (the age of 51) while driving the B letob in excess of the central line. On December 31, 2013, the Defendant inflicted an injury on the victim, such as a letoba, which is a dangerous object used in his hand, once when the victim’s head was fabro and caused about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Previous records: The application of inquiry results and investigation reports (report of confirmation of final and conclusive judgment)-related Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is very poor in its nature and crime committed by the Defendant, who committed a traffic accident and escaped, resulting in an injury at the time of the victim’s head due to a boars.

However, this case is concurrently punished by the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is a concurrent offense under the latter part of Article 37 of the Criminal Act, and the equity in the case where the defendant was punished at the same time, and other age, environment and crimes of the defendant.