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(영문) 의정부지방법원 2018.06.26 2018고단809
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2018, at around 07:00, the Defendant left the F taxi, which is an object dangerous to the F taxi operated by the victim E (58 tax) on the front of the D convenience store located in the Government of Gyeonggi-do, Gyeonggi-do (58) in front of the D convenience store, and caused the damage to the victim by leaving the alinium, which is a substance dangerous to the victim E (58 tax), with the cans and plastic bars containing glass disease, and caused the damage to the victim by getting the said plastic sealing back to the victim's inside of the victim, and caused the victim to open the victim's snow around the left side of the treatment days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs and criminal implements photographs;

1. Articles 258-2 (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 for Reduction of Small Quantity (i.e., the degree of injury to a victim, the fact that the victim has not been injured, the fact that the victim has agreed with, and the fact that it is against the victim);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of the protection and observation and the sentencing of Article 62-2 of the Social Service Order Criminal Act is not against the nature of the crime that committed the crime of this case against the victim by facing the victim's awareness of the dangerous objects. The defendant may have been convicted of having committed the crime of this case even though he had been convicted of violence, and even if he had been convicted of probation, repeated the crime of this case.

However, the punishment shall be determined in consideration of the fact that the degree of injury to the victim is not severe, that has agreed with the victim, and that it is against it.

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