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(영문) 대구지방법원 서부지원 2018.02.01 2017고합209
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 22, 2017, the Defendant: (a) was on the street in front of the 135 Daegu Mangyle apartment of “Dam Bam” apartment located in Daegu Mangyle on September 22 and 30, 2017, with the trade name “H” in which the Defendant was on board the F taxi of the victim E (54) as a customer; and (b) was on the part of the victim who was unaware of the fact that the Defendant was the president of the H’s business establishment, and was on the part of the victim who was unaware of the fact that the Defendant was the president

When hearing the words to examine the president, I tried to do so and to assault the victim.

The Defendant would offer taxi expenses to the victim when around 23:00 on the same day to the victim at around H.

In other words, after leaving the damaged person into the place, the compressed rubber net ( approximately 30 cm in length, approximately 340 g in weight) which is a dangerous object in the display room was used as the hand, and the victim's head head was 1 time, the victim's head and head, etc. exceeded the floor, and the driver's head and part of the buckbbuck.

As a result, the Defendant carried dangerous things with the victim and put the shoulder and the arms in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on death diagnosis certificate and criminal implements photographs;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Consideration of the following favorable sentencing grounds):

1. The reason for sentencing under Article 62(1) of the Criminal Act (resumed for the following favorable sentencing)

1. Scope of applicable sentences under law: Six months to five years; and

2. The sentencing guidelines are not set for the crime of special injury under the Criminal Act on the scope of recommended punishment according to the sentencing guidelines. 3. The crime of this case, which was decided on March 2, 201, is that the defendant inflicted an injury upon the victim due to rubber chain, and its nature is not good, and there is a possibility of causing a serious danger to the life and health of the victim in light of the damaged parts.

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