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(영문) 대구지방법원 서부지원 2018.11.27 2018고단1659
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

On February 3, 2018, the Defendant driven a cwing and Ⅲ freezing vehicle around C, 21:32, and proceeded with a road of one lane prior to the 336th of the monthly air route of the Sung-gun, Seongbuk-gun, Seongbuk-gun, in front of the 336th of the “sexual village” at the beginning from the right port to the right port of the port of the month, and the Defendant was driving a DNA motor vehicle over the center line with the victim E (26 years of age) who drives the DNA motor vehicle, leading the other party. After that, the Defendant and the victim began to dispute with the other party while putting the vehicle off.

In the process of dispute as above, if the injured party who is in charge of smelling and smelling to the defendant runs the freezing 112 next to the above freezing vehicle, and if the injured party is fully aware of the fact that the injured party who wants to prevent the defendant from escape might go beyond the center of the vehicle in front of the above freezing vehicle, he would be able to go beyond the center of the vehicle, and thereby, the injured party caused the injured party by shocking the damaged part of the above freezing vehicle into approximately 2 weeks of the shoulder part, such as the victim's shoulder gate and tension.

As a result, the Defendant driven the freezing vehicle, which is a dangerous object, and inflicted an injury upon the victim for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police for E;

1. Bluice stuff photographs, black stuffs video CDs;

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

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. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant, while operating a cargo vehicle at night while drinking alcohol; (b) had the victim drive the vehicle in contact with the victim; and (c) had the victim shocked from the scene during the process of leaving the scene.

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