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(영문) 수원지방법원 2017.09.07 2017고단5041

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 23, 2017, the Defendant: (a) on the street in front of “E” located in Suwon-si, Suwon-si, Suwon-si; (b) on the ground that at the Defendant’s house located near the above place, the injured party at the above place brought about a collision with G, which is one of the activities of the injured party F (51: older than 51) and was going to drive away by the Defendant; and (c) on the ground that the damaged party was pushed down the victim, the Defendant was pushed down the victim by hand, and turned down the damaged party into the floor; (d) on the front seat of the NF car, which is a dangerous object located in the front seat of the Defendant’s NF car, parked in the said place, the Defendant collected the gate room (where its location: metal, total length: approximately 70cm).

As a result, the Defendant assaulted the victim with a view to dangerous objects, and inflicted an injury on the victim, such as a ductal of heavy sacrife, which requires treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to F and H:

1. Seizure records;

1. Photographs of, or bodily injury to, camping nets;

1. A criminal investigation report (CCTV image content) and a photograph of CCTV images taken;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code is that this case is a situation that takes into account the following circumstances: (a) there are unfavorable circumstances such as the method of the crime and the risk of the crime; (b) the degree of injury of the victim is serious; and (c) the defendant has been punished twice as fines for the same kind of crime; (d) there is no criminal record exceeding the fine of the defendant; and (e) the defendant does not want the punishment of the defendant by agreement with the victim.