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(영문) 대구지방법원 2017.01.24 2016고단5404

특수폭행등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2016, around 11:13, the Defendant: (a) while driving a D-witter cargo vehicle at the crosswalk at the entrance of the apartment at the Gyeonggi-si, Incheon Metropolitan City, Incheon Metropolitan City; (b) while making a left-hand turn to the left-hand turn; (c) from the victim E ( South and 41 years old) who passed the crosswalk, the Defendant “if the signal, etc. is visible

“I wish to receive the claim of “,” but after getting out of the above cargo, the victim “I wish to be impule”;

The death shall be discarded.

After acting as the victim was at the time of drinking, the victim continued to have been in danger of the foregoing cargo, and acted as the victim was at the time due to the above decline, the victim's neck was at one time, and the victim's neck was at one time due to the above decline, and the victim's neck was at one time, and the victim was able to resist, and the victim was able to kn the victim by selling, and the victim's face was faced one time with the retaining wall.

As a result, the defendant, carrying dangerous things, assaulted the victim in a manner that the victim is faced with a retaining wall, and assaulted the victim in a manner that the victim is faced with a retaining wall, and led the victim to an on-site and an injection of the victim in need of treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to report on investigation (where a crime is committed, accompanying photographs of motion pictures);

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 257(1) (a point of bodily injury) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A crime falling under Article 62(1) of the Act on the Suspension of Execution for the reason of sentencing [Scope of Recommendation] A crime falling under Article 62(1) of the Criminal Act is a crime of assaulting six types (Habitually, Cumulative Offense, Habitual Offense, Special Assaults) [4-1-1-2 months] of mitigation area (the scope of recommendation] [the scope of recommendation] a crime of non-members of punishment [the scope of recommendation] under Article 62(2) of the Act on the Suspension of Execution for the mitigated area (2-1-1 year] (the person subject to special mitigation] of mitigation area (the scope of recommendation] under Article 62(1).