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(영문) 창원지방법원 통영지원 2016.08.31 2016고단600

상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On January 19, 2016, at around 20:25, the Defendant was in the D office operated by a branch in Tong Young-si, Da, and around 2016, the Defendant demanded the victim E (36 years of age) (hereinafter “victim E”) who is an employee to leave his cell phone and to communicate with the branch by demanding the victim to communicate with the branch. The Defendant, on the ground that the victim s/he expressed his/her desire to do so, he/she saw the aforementioned cell phone on the ground that he/she was able to do so, and she sawd the main electronic, which was on the part of the damaged person, on the part of the damaged person’s s/heat, and she sawd the victim about two-day medical treatment.

2. A special intimidation: (a) around 20:30 on the same day, the Defendant sought hot water from the victim, following the said act, which was frightened by the said act; (b) taken the main electronic back by the victim; (c) taken the knife, which was a lethal weapon in the bank, and knife (17.5 cm in total, 7 cm in length) taken the knife, which was a deadly weapon in the bank, and threatened the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A seizure record and a seizure list;

1. A medical certificate;

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

1. Selection of imprisonment with prison labor, in accordance with relevant law and Articles 257(1) and 284, and 283(1) of the Criminal Act, as to the facts constituting an offense;

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court / [the scope of the recommended punishment / [the scope of the recommended punishment / [the scope of the recommended punishment ] the scope of the final sentence due to the increase of the punishment of the number of the members who are not subject to special mitigation / [the scope of the recommended punishment / [the scope of the special mitigation ] the mitigated area (2 months to 1 years] (the scope of the recommended punishment / the amount of general mitigation / the amount of the punishment / the amount of the final sentence due to the increase of the number of the members who are not subject to special mitigation : April to June 2: