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(영문) 대구지방법원 2018.12.06 2018고단3905
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 2015, the Defendant stolen containers of approximately KRW 1,500,00 at the market price owned by the victim E at the construction site in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and then stolen containers at the construction site in Chungcheongnam-do.

2. On August 11, 2017, around 19:00, the Defendant: (a) sought from Jincheon-gun F construction site; (b) sought from the said victim (57 years old); and (c) sought to prevent the front of the vehicle parked by the victim, including the skid equipment and the skid equipment.

Therefore, in order for the injured to communicate with the Defendant, the Defendant, who was listed in the above skiing equipment log, was able to take the victim's seat of the above skiing equipment, which is a dangerous object, referring to “Cracker Bara,” and went beyond the scope of the victim's seat, and was in need of medical treatment for about 15 days for the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement protocol with respect to E and G;

1. A complaint filed by E;

1. Container photographs;

1. 112 A list of reported cases;

1. Investigation Report (in respect of attachment of a certificate of injury), - Medical certificate of injury, and investigation report (skid;

- With respect to the attachment of equipment photographs, photographs, investigation reports (a confirmation of the submission of the victim, medical records, attachment of a certificate of hospitalization), fact-finding certificates, copies of medical records, admission certificates, and application of the Act and subordinate statutes

1. Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act and Article 329 (a point of Do) of the Criminal Act concerning criminal facts;

1. Selection of imprisonment with prison labor for selective larceny of punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that of a special injury);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act is that there is no basic area (6 months to 2 years) (special injury) of the basic area (6 months to 2 years) of the first type of special injury (the scope of recommendation).

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