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(영문) 창원지방법원 마산지원 2016.09.27 2016고단684

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2015. 12. 29. 17:08 경 창원시 마산 회원구 B 앞길에서 혈 중 알콜 0.177% 의 술에 취한 상태로 C 토스카 승용차량을 운전하여 가 던 중 그 곳 도로변 식당 앞에서 담배를 피우고 서 있던 피해자 D(45 세), 피해자 E(36 세), 피해자 F(46 세 )에게 욕설을 하며 비켜 달라고 요구하였는데, 피고인의 음주 운전 사실을 눈치 챈 위 피해자들이 피고인의 차량 앞을 가로막고 서서 피고인에게 하차할 것을 요구하였다.

Accordingly, the Defendant intentionally operated the above soilcar vehicle, which is a dangerous object for the purpose of gathering the situation and escape, with the driver of the above vehicle, brought about about about about about 14 days by the victim's left side kne, knee-deed, knee-de, and tensions with the victim's left side kne-de and the direction of the victim's F. At the same time, the Defendant assaulted the victims by shocking the victim's right side kne-de and the victim's F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Application of Acts and subordinate statutes on requests for appraisal;

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense (a point of special assault) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits the most severe special injury);

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

1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.

Unfavorable circumstances: the victims have been received by vehicle, and the act is very dangerous.

The favorable circumstances: The crime of this case is against the law.

The victims did not have a significant position.

The victims agreed with the victims and paid the agreed amount, and the victims are the defendant.