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(영문) 대구지방법원 포항지원 2017.11.22 2017고단1111
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2017, at the port located in Southern-gu, at a speed of 12:00, the Defendant proceeded at a rapid speed to the E-Poter vehicle, which is a dangerous object for the Defendant’s driving, while removing the said motter by means of taking the front moer part of the said cargo vehicle, and then moving back at a speed as soon as the Defendant would be expected to receive the victim, while leaving the moer behind the cargo vehicle at a speed of 12:00, the Defendant got off the cargo vehicle at the speed of the victim D(60) installed therein, and “whether the damaged person is killed,” and “whether the injured person is killed,”

As stated in paragraph 1, the victim proceeded to the left-hand side of the vehicle, and the victim continued to go beyond the floor at a rapid speed to get off the cargo vehicle and remove the cargo vehicle, and the victim continued to go beyond the floor of the area.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury on the victim, such as climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to F or D;

1. A traffic accident report;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The method of crime is very dangerous because the victim was injured by the cargo vehicle, and criminal records of fine in 2015.

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