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(영문) 대구지방법원서부지원 2020.10.21 2020고단264

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim B (the age of 50) are workplace rent.

1. A special injury: (a) on May 13, 2013, the Defendant sought to leave the D Factory container office located in Daegu-gu Office around 09:00, and (b) on March 2013, 2013, intended to re-transfer the victim to another department because he/she did not be treated as a withdrawn; (c) however, he/she sought to re-transfer the victim to a painting team on the ground that the victim, who is the head of the painting team, rejected the request; (d) however, he/she saw the victim as a saw, which is a dangerous object ( approximately 20 centimeters in length of a saw day).

As a result, the defendant carried dangerous things with the victim and carried them about about two weeks of medical treatment, and caused a medical examination and diagnosis.

2. Around 16:50 on May 14, 2013, the Defendant stated that “A special intimidation: (a) the Defendant was placed in a back cover of 16:50 centimeters (on a day, 7.5 centimeters cm) and carried in the back cover of her hand so that he/she may not enter the internal seal team.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Each investigation report (the sequence 2, 8, 10 in the list of evidence);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 258-2 (1), 257 (1) (a) and 284 and 283 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for crimes of special intimidation against punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, each of the crimes in this case is serious in light of the background of the crime, the means of the crime, and the risk of the method.

The degree of the injury suffered by the victim due to the special injury crime in the judgment is not easy.

The special intimidation crime in the judgment is judged by the defendant.