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(영문) 창원지방법원 2017.12.19 2017고단3946
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 08:09 on August 23, 2017, the Defendant was driving a 1 ton truck of B1 ton of the freight on the road in front of the exit of the vehicle located on the road located on the road in front of the exit of the vehicle located on the highway at the time of Kim Jong-si, the Defendant tried to leave the vehicle in front of the Defendant’s cargo vehicle at the time of the Defendant’s cargo vehicle at the victim C (27 years). However, the Defendant returned to the left as the distance between the vehicle in front of the victim’s vehicle and the vehicle in front is difficult to enter the vehicle because it is difficult to narrow the distance between the vehicle in front of the vehicle in front of the victim’s vehicle and the vehicle in front.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim in salt and tensions that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes by cutting down a black stuff image;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The sentencing criteria under the Criminal Act are not prepared for special injuries;

2. Determination of sentence - Determination of disadvantageous circumstances: The heavy nature of the crime in light of the risk of the instrument of crime and method of crime - the favorable circumstances: the fact that the mistake is reflected in the victim, the fact that there is no record of criminal punishment exceeding the fine, and other circumstances: Relationship between the defendant and the victim, age of the defendant, sex behavior, occupation, family relation, etc.;

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