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(영문) 청주지방법원 2016.07.06 2016고단866
상해
Text

A defendant shall be punished by imprisonment for six months.

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

The defendant is the driver of Csi, and the victim B(44) is the driver of D taxi.

At around 21:50 on April 18, 2016, the Defendant: (a) on the street in front of the “F E” located in Cheongju-si, and (b) on the ground that the Defendant went in the front of the Defendant’s back, the Defendant: (c) while she spits the victim’s face; (d) she spits the victim’s bridge; and (e) she walks the victim’s bridge taken in the taxi; and (e) took the victim’s face and shoulder; and (e) took the victim’s side by drinking, the Defendant sustained the victim’s injury, such as the cat of the catus at 28-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against B;

1. Reports on internal investigation (specific circumstances of the suspect);

1. Application of Acts and subordinate statutes;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of 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. Article 62-2 of the Criminal Act on the observation of protection;

1. The reasons for sentencing under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (not clear in the scope of liability for compensation) committed the instant crime even though the Defendant had been subject to punishment several times of violent crimes, and the victim’s injury is relatively heavy. The Defendant’s confession of the instant crime and reflects the Defendant, and the fact that the Defendant has no criminal record of suspended execution or more during the last ten years is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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