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(영문) 청주지방법원 2016.11.04 2016노1095
특수상해등
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. While having been punished several times for violent crimes, the Defendant tried to set the arms of the victim from a shouldered softener's disease, and make lids from metal materials a lid in the victim's item, thereby committing the instant special injury by causing the victim with a deep heat in the upper part of the 3 weeks required by the 3 weeks period. Moreover, the Defendant committed a traffic accident by driving in a state of drinking alcohol concentration of 0.155%, while driving in a state of drinking alcohol concentration of blood, and escaped without any rescue measures for the other party who was injured.

In light of the fact that the method of the crime of special injury in this case is very dangerous and the degree of injury is not easy, strict punishment against the defendant is required.

However, there are the following favorable circumstances for the defendant:

At the court below, the defendant agreed with the victim of the above traffic accident, and at the trial, the above victim does not want the punishment of the defendant by agreement with the victim of the special injury of this case.

The defendant seems to have committed the crime of special injury in this case by contingency.

In addition, the degree of injury of the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is relatively weak.

The defendant has been detained in the course of investigation due to the instant case, and has been detained for about four months until the date of the pronouncement of the judgment in the trial court, and the defendant has an opportunity to sufficiently reflect the crimes.

The defendant has no record of punishment except for a fine for one time due to driving without a license and a fine for two times due to an injury.

The mother and her mother are still 25 years old, and the mother and her mother want to help the young Defendant to grow up with the Defendant’s wife.

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