(영문) 창원지방법원 마산지원 2016.08.17 2016고단565

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(영문) 창원지방법원 마산지원 2016.08.17 2016고단565

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 03:35 on March 7, 2016, the Defendant, as a substitute driver, driven the victim D’s vehicle in front of the Changpo City Mapo-si, Changpo-si, Mapo-si, Mapo-si, 2016, followed by electric poles, and flicked the victim with respect to dealing with the accident, and walked inside the victim’s right bridge, and flicked the victim over the floor, and flicked the victim with the escape inside the direction of the victim, thereby damaging the victim over 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol prepared by the police;

1. A report on investigation (limited to attachment of a copy of a letter of request for appraisal) and a letter of request for appraisal attached thereto;

1. Application of Acts and subordinate statutes to photographs, etc.;

1. The reason for sentencing (the scope of recommendation) of Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts is [the scope of recommendation] and the reason for sentencing (the scope of punishment shall be decided] of Article 257(1) of the Criminal Act, and there is no person in charge of special sentencing] [the decision of sentence] [the extent of the injury in this case, the degree of delay in the total amount of the injury in this case, the victim needs additional treatment for a considerable period of time, and the victim did not agree or receive any use, taking into account the fact that the victim sought a severe punishment of the defendant, it is inevitable to sentence the defendant.

However, taking into account the fact that the defendant recognized his mistake and reflects, there is no history of the suspension of execution or more, and deposited 7 million won for the victim, etc., other factors such as the defendant's age, sex and environment, relationship with the victim, motive, means and consequence of the instant crime, and circumstances after the crime, etc., the term of punishment shall be determined as above, taking into account the following factors:

참조조문

-형법 제257조 제1항

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