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(영문) 대구지방법원 영덕지원 2019.01.23 2018고단226

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:25 on August 15, 2018, the Defendant driven a e-freight under the influence of alcohol leveling 0.076% from the 2km section from the Defendant’s home located in the Hanbuk-gun B to the front day of the D’s home located in C, and driven a e-freight under the influence of alcohol leveling to 0.076%.

2. On August 14, 2018, the Defendant, at around 23:50 on August 14, 2018, posted the victim’s face one time with a knife (20.5m in length of knife), which is a dangerous object prepared in advance, at the house of the victim D (63 years of age) located in G, Chungcheongnam-gun, Gyeongbuk-gun, the wife of the victim and the Defendant was mistaken for an internal-related party, and followed the victim’s face while complying with the victim.

Accordingly, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as open situation requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The statement of each police officer made to F and G;

1. Police seizure records;

1. Each report on investigation;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 3, 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the occupation of special injury) of the same Act, the choice of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of the above two crimes] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include the following circumstances and the defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime are committed.