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(영문) 대구지방법원 경주지원 2020.02.19 2019고단461
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving of a swimming pool and cargo vehicle B, and the victim C (year 41) is a person who is engaged in driving D dump truck.

On July 5, 2019, at a point of 200 meters in Seoul direction from an expressway Tol, which is under the control of the Doppp Kim-si, Kim Jong-si, the Defendant received three times the body of the victim by demanding the victim to receive traffic accident insurance due to traffic accident between the cargo vehicle of the Defendant driver and the dump truck of the victim driver, and the victim was able to prevent the front of the cargo vehicle of the Defendant, the driver of the Defendant, who is a dangerous article, from the front of the cargo vehicle of the Defendant.

On the ground that the victim does not turn off from the cargo vehicle, the Defendant continued to inflict an injury on the victim, by hand, such as salt dynasium and tension that require treatment for about 14 days for the victim, by putting about three times the part of the victim's neck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 suspended sentence is highly likely to engage in an objective act with reason for sentencing under Article 62(1) of the Criminal Act, and the defendant's failure to receive a letter from the victim constitutes unfavorable circumstances.

However, in this court, the Defendant recognized and reflected the commission of crime, the degree of injury seems to be relatively minor, and the Defendant’s health status seems not to be relatively good, and the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of crime, and all the other factors of sentencing indicated in the record were determined as ordered.

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