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(영문) 대구지방법원 서부지원 2018.10.17 2018고단521
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2017, around 11:50, the Defendant: (a) loaded electric wheelchairss from the subway station of 72,00 Daegu-gu, Daegu-ro, Daegu-ro, 72, from the subway station to the subway station, used the subway, and used an elevator installed in the subway to be up to one underground floor from the platform to the underground level; and (b) did not yield the right of the victim C (the age of 54) to get out of the elevator to get out of the train; (c) walked above, the Defendant her walked the bridge of the victim, which is a dangerous object following the victim, and 10 meters away from the wall; and (d) continued to take off the victim’s front and rear head by drinking the victim, about 2 weeks in need of light care, the left-hand spons, and the left-hand spons; and (d) continued to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Efagating CCTV images;

1. Application of Acts and subordinate statutes to medical certificates and photographs of victims;

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the factor for sentencing unfavorable to the defendant, such as the fact that the victim injured the victim by using the wheel chairs, which is a dangerous object, and the fact that the victim wants to punish the defendant.

On the other hand, the fact that the defendant is waiting for committing the crime of this case and is against the victim, that the victim is relatively serious, that the defendant is not subject to punishment once a fine for another type of crime, and that there is no particular criminal history, and that there is a disability to the defendant, etc. are factors for sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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