beta
(영문) 창원지방법원 밀양지원 2018.02.08 2017고단598

특수상해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2017, the Defendant of special injury: (a) around 12:10, at the △ restaurant operated by the victim D (n, 57 years of age) of the victim D (n, e.g., the victim; (b) sought alcohol from the victim; and (c) heard the victim’s speech that he does not sell alcohol from the victim; (d) string the string of the main disease by damaging the floor of the damaged; and (e) string the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2017, the Defendant took a bath view of the string of the string of the 2nd part of the victim’s back part of the string of the string of the string of the

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

2. In the case of the above paragraph (1) above, the Defendant: (a) reported the victim 112, and reported the Defendant to the Defendant; and (b) collected news reporting block (road, vertical length, about 20cm) which is a dangerous object on the ground that the victim continued to follow the case; and (c) collected the victim’s “in compliance with this weather continuously, the victim continued to do so.”

The Bara's theory of desire to kill the victim and threatened the victim as the victim was influence.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs photographs of damaged parts;

1. Application of Acts and subordinate statutes confirming medical treatment;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (with respect to special injury) of the mitigated amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) The scope of the recommended punishment (special intimidation) shall be a crime of intimidation;