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(영문) 대구지방법원 2015.10.08 2015고단2902
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to imprisonment with prison labor for four months for the crime of injury at the Busan District Court's Dong Branch, and on February 24, 2015, the above judgment became final and conclusive.

On September 1, 2014, at around 01:30, the Defendant: (a) moved on the side of the 66km of the New Daegu Busan Metropolitan City Highway 89-2, the Defendant: (b) moved on the side of the road at 66km; (c) the victim C (35 years of age) and the victim D (35 years of age) moved on the side; (d) the Defendant changed the car line in the direction of the Defendant’s driver’s rental car in the future, and operated the car following the vehicle.

The defendant was the victims who stopped on the side and unloaded from the car, and the victim D's boat was saluted, and the defendant was saluted with the victim's flaps, and continued to salute the victim C's flaps.

As a result, the defendant suffered damage to the victim D, which requires approximately three weeks of medical treatment, and caused the victim C to undergo an inspection of the part of the wood that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against D or C;

1. A report on internal investigation (as to photographs), an investigation report (as to the photographing of a vehicle screen, attaching a photograph to the screen);

1. Each injury diagnosis certificate (D, C);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (whether or not a violent offender is subject to criminal investigation programs) and other Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reasons for sentencing (whether to apply the sentencing criteria) under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentencing criteria are not applicable. [Determination of sentence] The fact that the defendant again committed the instant crime despite the number of criminal records, is disadvantageous.

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