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(영문) 대구지방법원 2020.02.11 2019고단6164
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Around 17:10 on October 14, 2019, the Defendant was driving a B K5 car and entered a three-lane from the front side of the D cafeteria located in Daegu Suwon-gu to the same water-based mid-lane c. At the same time, the Defendant: (a) obstructed the progress of FMW Oral in the victim E (the age of 27) driving, which was going in the three-lane, first, the Defendant: (b) obstructed the progress of the FMW Oral, which was going in the three-lane c; (c) went off the said part of the K5 driver’s after the driver’s seat of the vehicle; (d) went out of the front side of the H store located in the same Gu, and (e) led the victim to the injury of the victim, such as a string at the back side of the 2 weeks off, which requires the victim’s treatment; and (d) damaged the victim’s 1,480,000 won of the repair cost.

Accordingly, the defendant carried a dangerous article, and thereby inflicted an injury on the victim, and at the same time damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a survey report, internal investigation report (a written diagnosis, a quotation attached, or a screen image analysis in which the situation after the accident occurred is recorded);

1. Articles 258-2 (1), 257 (1), 369 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

The favorable circumstances: The facts constituting the crime are recognized and the errors are divided. It is extremely agreed with the victim. On the other hand, the circumstances in which there is no previous offense except twice a fine: the degree of danger under the law of the crime is very dangerous.

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