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(영문) 대구지방법원 포항지원 2018.06.21 2018고단263

특수상해등

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 March 10, 2018, the Defendant: (a) put up a vehicle following the G string vehicle operated by the victim by driving the F string vehicle, which is a dangerous object, at the end of the male guest and drinking with the victim, at around 19:20 on the road in South-gu, Nam-gu; (b) around 19:20 on March 10, 201, the Defendant continued to take one back the front side of the given string vehicle of the given string vehicle; and (c) received two backs of the given string vehicle of the said string vehicle of the said string vehicle of the said string vehicle of the said string vehicle of the first half of the said string vehicle of the said string vehicle.

As a result, the Defendant, carrying a dangerous object, inflicted an injury on the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and at the same time, damaged the above so that the repair cost equivalent to KRW 4,423,488, such as the exchange of panion vehicles after the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to vehicle photographs, diagnostic certificates, and estimates;

1. The point of special injury under relevant provisions of the Criminal Act to the facts of crime: Articles 258-2 (1) and 257 (1) of the Criminal Act: Articles 369 (1) and 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act, namely, when considering the risk of the instant crime committed by the victim driving a vehicle driving on the road several times with his own vehicle, and the mental impulse that caused the victim to feel, the crime is extremely poor. Nevertheless, the circumstances favorable to the victim’s failure to completely recover the damage, namely, recognition of mistake, and a rush reflection, and transfer two million won to the victim to compensate for the damage after the instant case.