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(영문) 인천지방법원 부천지원 2018.12.14 2018고단2863
특수상해
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 a person who operates B rocketing another car.

Around 00:06 on June 16, 2018, the Defendant driven the above taxi and proceeded on the road in front of Seocheon-si, Seocheon-si, where the victim D (24 tax) kiddd the front kid, and kid from the front kid, and kid by the front kid on the ground that the victim kiddd by hand kids, but the victim d's kiddd by hand kids, which is a dangerous object, led the victim to a sudden passing by the victim by the speeding of the taxi car, and caused the victim to suffer from the front kids, and caused the victim to suffer from a sudden fat, which requires medical treatment for about three weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of recommended punishment] The basic area (6 months to 2 years) of Class 1 (Special Bodily Injury) (the person subject to special sentencing] of the basic area (6 months to 2 years) [the person subject to special sentencing] [the sentence] of the crime of this case is that the crime of this case is limited to the defendant's vehicle which is dangerous goods and caused the victim to face with the victim, and its nature is not good, and that there is no agreement with the victim is a reason for sentencing unfavorable to the defendant.

However, the punishment is imposed as ordered by comprehensively taking into account the following factors such as the defendant's acknowledgement of criminal facts, the motive and circumstances leading up to the crime of this case, the degree of injury of the victim, the circumstances after the crime, and the age, sex, family relationship, and economic circumstances of the defendant.

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