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(영문) 광주지방법원 해남지원 2016.04.21 2015고단571

상해등

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

The defendant is a person who operates F convenience points in Fulldo, E, and the victim G (V, 53 years old) is a person who operates F convenience points jointly with the defendant.

On September 30, 2015, the Defendant unilaterally uses the F convenience store sales proceeds of KRW 200,000,000,000, and listens to the statement that he deposits KRW 200,000 from the victim on September 15, 2015 to the telephone from the victim on September 30, 2015, while disputing the issue that he did not deposit the said amount, and is in dispute with the victim on September 15, 205, the Defendant was found to have been able to shotly start to me in the H even after the victim was the victim on September 11, 2015.

(v) the Corporation.

The term "the victim's head debt booms the victim's head debt, requiring approximately two weeks of medical treatment, and then inflict bodily injury on the victim, such as a light boom, and two female women, the victim's head in the above multiple areas, entered the defendant's cateral cateral cater, and boomed the victim's cater, which was a dangerous object at the victim's location, and boomed the victim.

Accordingly, the Defendant injured the victim as above, and threatened the victim with dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (G);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of threat of carrying dangerous articles) of the Criminal Act, and the choice of imprisonment for a 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Type 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (4 months to 1 year) mitigation area (person subject to special mitigation) (a person subject to special mitigation) for a crime of intimidation;

(b) Crimes of Bodily Injury [Scope of Recommendations] General Bodily Injury, Type 1 (General Bodily Injury) (one month-one year-one year-one) (Special Mitigation) minorly Injury, Non-Bodily Injury or Punishment

C. Aggravated increase in multiple offenses.