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(영문) 대구지방법원 김천지원 2018.10.16 2018고단782

특수상해등

Text

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

"2018 Highest 782"

1. On April 9, 2018, the Defendant: (a) around 11:10, Kimcheon-si Operation 106, the Defendant: (b) caused the victim D (38 S, n, n, n) who was a wife; (c) brought about a dispute with the victim D (38 n, n, a dangerous object in the kitchen; and (d) caused the victim, who was frighted, by taking a knick, to have the victim cut off the knife; and (e) caused the victim’s knife by taking the victim’s face at one time by taking the victim’s knife on the upper day; and (e) caused the victim’s injury, such as an open knife, which requires four-day medical treatment.

"2018 Highest 859"

2. On March 10, 2018, the Defendant, at around 13:06, driven a motor vehicle in Eco-gu without obtaining a driver’s license in approximately 860 meters away from the front road of the guiding hall in front of the city of Kimcheon-si, Kimcheon-si, about 6-7, which may arise after Kimcheon-si, via the front road of the 11st century, and then drive a motor vehicle in Eco-gu without obtaining a driver’s license from the front road of the guiding hall to the front road of the above 860 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. The driver's license ledger;

1. Application of Chapter Twelve Acts and subordinate statutes to photographs;

1. Relevant Article of the Criminal Act and Articles 258-2 (1), 257 (1) (a) and 257 of the Criminal Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a non-licensed driver's license, and a choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, committed assault and assault against the victim who was his/her spouse, thereby injuring the victim, and driving a motor vehicle without a driver’s license.

The injury suffered by the victim is not easy.

The defendant is guilty of violence and driving without obtaining a license.