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(영문) 전주지방법원 2020.02.04 2019고단1426
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 19:00 on April 29, 2019, the Defendant driven a B B 2 truck and moved forward a third distance in front of the entire Kim Jong-si Complex to a terminal from the c complex to the surface of the terminal. On the ground that the victim E (the age of 63) who driven D vehicle to the direction of the Defendant’s running at the direction of the Defendant, she stopped the victim’s vehicle to the direction of the Defendant, and opened the victim’s driver’s vehicle to the F and moved the victim’s vehicle to the outside of the vehicle, she gets the victim’s driver’s driver’s driver’s flaps to take care of the flab, etc., and she was able to take the victim’s bath by drinking, and the victim reported to the police to the police again tried to start the vehicle of the Defendant.

However, the defendant got off the victim's hand in front of the cargo vehicle of the defendant so that the victim cannot escape from the front part of the defendant's vehicle, and the victim's bridge, which is a dangerous object, was taken over.

As a result, the defendant carried dangerous objects and carried them with knee and kneeel knee in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement (E);

1. A written diagnosis of injury;

1. A investigative report (CCTV analysis);

1. Application of Acts and subordinate statutes to an investigation report (involving a medical certificate, etc.);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was light, thereby threatening the victim's vehicle driving away from the victim's vehicle, and the victim's injury was shocked on the ground that he prevents himself from escape thereafter, and the nature of the crime is very high.

However, considering the fact that the defendant has no criminal power of the same kind, the degree of injury of the victim is relatively minor, and the recent agreement with the victim is reached.

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