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(영문) 서울북부지방법원 2017.09.22 2017고단2961

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 26, 2017, the Defendant driven a B taxi on March 26, 2017, and discovered the victim E (46 years) waiting for a taxi while driving the distance in front of D pharmacy located in Dobong-gu Seoul Metropolitan Government with a one-lane distance apartment from the shooting distance of Sungwon apartment to the apartment of the school village.

Therefore, while the Defendant was starting from the point of view in order to make the injured party under the influence of alcohol so that he can not take passengers in the taxi, the Defendant saw that the knife preceding the knife of the knife of the knife, which is an object dangerous to the victim, was carried by two knife, and caused about 15 meters by continuing the knife of the knife to the knife of the knife of the knife, and caused the injured party to go beyond the knife of the knife of the knife of the knife, the knife of the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A medical certificate;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the nature of the crime of this case is not somewhat weak in light of the form of the act of this case, danger, degree of injury, etc., and the defendant is not good in the circumstances after the crime is committed, such as denying at the early stage of the investigation after the escape and arrest after the escape of this case. Meanwhile, the defendant confessions the crime of this case, reflects the defendant, and the victim has contributed to the occurrence of damage by continuing to drive away without being a chief handman even though the defendant commenced the taxi of this case, and the victim has performed repayment and agreement, and there is no special criminal record of the defendant, and other circumstances and sentencing guidelines shown in the records of this case and the theory of changes shall be determined as per the order.