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(영문) 창원지방법원 2016.11.25 2016고단3444
특수상해
Text

A defendant shall be punished by imprisonment for a maximum term of eight months or less and a short term of six months.

Reasons

Punishment of the crime

On May 5, 2016, the Defendant, while driving a motor vehicle of soflured at C in the street in Seongbuk-gu, Sungwon-si, Changwon-si, Sungwon-si, the Defendant started to escape from the police officer belonging to the Changwon-gu Police Station New District of the Changwon-gu, who was notified of 112 vehicles suspected of drinking.

At around 04:35 on the same day, the Defendant stopped the signal atmosphere from the 3rd square street to the second line, and left the patrol car to secure the escape route, and followed temporarily to secure the escape route, and followed by the victim D (Nam, 39 years of age) who was parked on the right side of the Defendant’s vehicle, the Defendant continued to drive a vehicle on the upper right side of the damaged vehicle, and led the victim to a strong shock of the back part of the damaged vehicle to the Defendant’s vehicle, so that the victim is pushed down 1m high due to the shock.

As a result, the Defendant: (a) caused injury to the victim D, who is a driver, by shocking the victim’s vehicle using a dangerous object as above; (b) caused the victim F, who is a passenger car, to be treated for about two weeks; and (c) at the same time, the Defendant inflicted injury on the victim F, who is a passenger of the vehicle, such as salt, tension, etc., for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reporting on occurrence of a crime;

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 for discretionary mitigation;

1. The sentencing guidelines do not apply to the defendant on the grounds of sentencing under Articles 2 and 60(1) of the Juvenile Act, since he/she is a juvenile.

The Defendant committed the instant crime, despite the fact that he/she was sentenced to a juvenile protective disposition on August 26, 2015 to one year after having been sentenced to a suspended sentence for special larceny, etc. by the Changwon District Court on August 26, 2015, which became final and conclusive on November 26, 2015, and is currently under suspended sentence.

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