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(영문) 대전지방법원 서산지원 2019.10.31 2019고단344
특수상해
Text

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

except that 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 24, 2019, around 09:00 on February 24, 2019, the Defendant: (a) placed a beer ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker.

As a result, the Defendant carried dangerous articles and inflicted injury on the victim B, such as dump, tensions, etc. of the bones of 14 days requiring medical treatment, and inflicted injury on the victim C, such as the impairment of fump, fry, and fump of face NOS, which require medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and B;

1. Investigation report (verification of black stay images);

1. A report on investigation (Attachment of a victim's Category C Motor Vehicle Track image) (Attachment of Images), a black Track video CD;

1. 112 Notification to the department related to the report of the case;

1. Each injury diagnosis letter;

1. Application of statutes on site photographs;

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

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, consideration should be given to the favorable circumstances, such as the fact that there was a high risk under the Act on the Punishment of Criminal Crimes in this case on the Grounds of Suspension of Execution, unfavorable circumstances such as the defendant's failure to agree with the victims, the fact that the victims' injury was not excessive, the victims' direct injury was not caused by dangerous goods, and the fact that there was no other criminal record except for a fine of small amount on the grounds of drunk driving in 2000.

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