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(영문) 인천지방법원 2019.05.30 2019고단1224

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 21, 2018, at around 08:20, the Defendant tried to drive a yellow vehicle on the front of the C Hospital located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and tried to make a right-hand. However, there was a Track vehicle of the victim D (age 29) who was waiting for the signal in order to drive the vehicle in front of it, and thus, the Defendant took a warning over several times in the sense that it is turned off.

Accordingly, the victim tried to open a door of driver's seat and out of the light with the Defendant's driver's seat and ring up the light, but the victim got out of the door and moved back to the driver's seat after moving the back of the driver's seat to the back of the driver's seat and the body of the victim's face and body, etc., which require about 22 days medical treatment to the victim.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damage and booms images;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has made efforts to recover damage], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

2. The Defendant, who was sentenced to the sentence, committed the instant crime again even though he had had the same criminal record in several times.

The degree of injury suffered by the victim is not easy.

However, the fact that the defendant has shown a misunderstanding while making a confession, that the defendant agreed with the victim, and that the defendant raises the children living alone.