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(영문) 청주지방법원 제천지원 2019.10.08 2019고단237
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

At around 08:40 on July 26, 2019, the Defendant: (a) was a victim D (the age of 41) who was operating a vehicle in front of the road located in Seocheon-si B with a vehicle located in front of the road without permission, going to the Defendant, and (b) was a victim who was a driver’s seat by approaching the vehicle in front of the victim’s driver’s seat, and was a dangerous object that the victim was able to report to the police on the vehicle, and (b) was a front of the pent (the pent part and the pent part, approximately 13.5 m in the Ya) of the victim’s left part, and caused the victim’s two-day medical treatment to the victim by getting off the part of the pentp, which was a dangerous object that the victim was trying to report to the police on the vehicle.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Photographs of the victim's injury, and photographs of the scene of the crime;

1. A written diagnosis of injury;

1. A photograph of the criminal tools;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Basic area (six months to two years) of the scope of special injury and disease according to the sentencing criteria;

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Unless there is any particular reason, the defendant puts the victim's head on a dangerous pent, which requires two-day medical treatment.

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