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(영문) 대구지방법원 상주지원 2017.10.24 2017고단374
상해등
Text

A defendant shall be punished by imprisonment for four 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

1. On June 23, 2017, at the time of residence at around 19:13, the injured Defendant left the victim C (51) driver’s freight cars in front of the victim C (51) driver’s vehicle, who was trying to depart under the new subparagraph, while driving the freight cars in the Daegu National Road No. 25 (25) in the middle direction of the National Road No. 25 (19:13) while driving the freight cars, the left turn turn at the first lane, and became subject to a claim from the injured party.

Accordingly, the Defendant stopped on the side near the sloping bridge with the victim and the Si reserve, and brought about a dispute with the victim who was landed from the cargo vehicle, and caused the victim to suffer approximately two weeks of treatment of the victim's chests on two occasions due to her head, and suffered injury, such as the chest and the left-hand shoulder, etc.

2. A special intimidation: (a) the Defendant, at the time, at the time, and at the place specified in paragraph 1 as mentioned above, had excessive excess, which is a dangerous object being kept in one’s own cargo, leading the victim to fluor, thereby threatening the victim as if he would cause any danger and injury.

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 C;

1. Investigation report (Nos. 4, 8 through 10 in the list of evidence);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor) regarding the crime, and Articles 284 and 283(1) (the point of special intimidation and the choice of imprisonment with prison labor) of the Criminal Act;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes: Crimes of special intimidation [types] to four types of intimidation [person subject to special sentencing]: Reduction area of punishment [the scope of recommended punishment], the area of mitigation of punishment [the scope of recommended punishment], the area of imprisonment for not less than four months, but not more than one year;

B. Concurrent Crimes: Type 1 [Special Sentencing Persons] of the General Injury to Violence.

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