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(영문) 대구지방법원 2019.10.15 2019고단4071

폭행

Text

Defendant

B A person shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, the above punishment against Defendant B.

Reasons

Punishment of the crime

Defendant

B around 04:50 on January 17, 2019, at the entrance of the Daegu Northern-gu Cuk-gu, Daegu Northern-gu, a assault was committed against the victim A (the age of 34). Around 04:50, the victim took the mobile phone equipment of the victim and got off the victim's cell phone equipment, thereby boarding the defendant's DNA car.

Accordingly, the victim proceeded with the above vehicle, which is a dangerous object to prevent the front of the above vehicle, and had the victim go beyond the blicks of the above vehicle. The victim continued to stop over 100 meters on the blicks and continued to stop the above vehicle, and caused the victim to fall off on the road surface, and caused the victim to suffer injury, such as slicks, which requires approximately two weeks of treatment.

As a result, Defendant B carried dangerous objects and inflicted injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (to be accompanied by field CCTV images CDs);

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant B: The sentence shall be determined as ordered by taking into account the following circumstances under Article 62(1) of the Criminal Act and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and various conditions of sentencing as shown in the argument of the case;

D. Unfavorable circumstances: A crime that inflicts bodily injury on a victim by a motor vehicle, which is a dangerous thing by the defendant, shall not be less severe in light of the circumstances, contents, etc. of the crime.

The favorable circumstances: there is no criminal power against the defendant.

Defendant is led to confession and reflect.

Public Prosecution Rejection Parts

1. On January 17, 2019, at the entrance of the Daegu Northern-gu Cuk-gu, Daegu, at around 04:50, Defendant A reported that the victim B (25 years of age) takes advantage of the current official seal phone, and asked the victim in question, and found the victim in subparagraph E.