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(영문) 인천지방법원 2019.10.17 2019고단2926
특수상해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:30 on April 28, 2019, the Defendant was driving a troke car B B, and proceeded with the road ahead of the Incheon Yeonsu-gu Incheon apartment at the school course distance from the front side of the school course. While the Defendant was trying to change the course to front of the Etrote car driven by the victim D (the age of 34), the victim was ring the border, driving the said troke, which is a dangerous object, and pushed the said troke toward the victim's vehicle, then pushed the troke ahead of the victim's moving direction. The Defendant 27 years old and 27 years old, by means of changing the troke line and pushing the victim two times again, threatening the victim F (the age of 26) who was boarding the said troke and the said troke to avoid the risk of accidents.

Accordingly, the defendant, carrying dangerous articles, threatened victims, and injured the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement of victims;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 284 and 283 (1) (a point of special intimidation) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The imprisonment with prison labor for selective punishment (the crime of special intimidation)

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

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

1. The sentence shall be determined as ordered in light of all the sentencing conditions, including the content of each crime, the degree of intimidation and injury, the recognition of the defendant's error and the primary offender, the age, character and conduct of the defendant, and circumstances after the crime, as stated in the reasoning of sentencing under Article 62 (1) of the Criminal Act.

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