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(영문) 춘천지방법원 강릉지원 2016.09.08 2016고단869

상해

Text

Defendant

A shall be punished by imprisonment for four months and by imprisonment for eight months, respectively.

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

Reasons

Punishment of the crime

1. Defendant A, at around 18:10 on June 26, 2016, she was frightened and frightened in D market B(D market B) No. 16 EM 16, which was located in C, and the victim B(the age of 49) who was under the influence of alcohol and takes a bath before the EM 16, was under the influence of alcohol in the surrounding areas, she was frightened in the surrounding areas, she was frightened two to three times with the victim’s body, and she was frightened with a pipe pipe as described in the following paragraph (2), and was frighted by the victim, she was frightened, she was frightened and frighted, and she was frightened by the victim’s chest, and then she was under the victim’s chest.

2. Defendant B, at the same time and place as set forth in paragraph (1), displayed the victim A (the age of 61) in a mastro, a shack pipe (165 cm in length) that is a dangerous object in the vicinity of the locker, one time at the right shoulder part of the victim, and followed the victim by a knife (13 cm in knife, 21 cm in knife) that is a dangerous object in the surrounding upper part of the victim, and knife as described in paragraph (1).

As a result, the Defendant carried dangerous things with the victim for about two weeks, and carried the shoulder and the arms in need of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Each seizure report and medical certificate;

1. Application of the photographic Acts and subordinate statutes by photographing the accused and criminal tools, and by capturing CCTV images;

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment): Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Although the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence have a history of serving several punishments for violent crimes, Defendant A does not have been sentenced to imprisonment, and Defendant A lives without a previous conviction for the last ten years.