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(영문) 광주지방법원 2017.08.17 2017고단1964

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) around January 13, 2017, the Defendant found at the house of the victim C (n, 102 Dong 308, 19 years old); (b) on the ground that the Defendant drank a fluor and drinking a fluor, in his/her hand, the Defendant drank the victim on the ground that he/she dices the fluor and drinking a fluor, and then, (c) brought the victim’s fluor on the floor to walk the fluor of the Defendant’s fluor, and (d) brought the victim’s fluor, thereby threatening the victim by taking the fluor of the victim’s knior.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

2. On February 3, 2017, at around 21:30, the injured Defendant: (a) laid the victim’s neck in front of the road in Young-gun D on the ground that the victim did not have his own telephone; (b) pushed the victim’s head on his hand; (c) cut the victim’s neck on his hand at approximately 20 seconds; and (d) cut the victim’s neck on the ground floor by placing the victim’s neck seated on the floor; (c) cut the victim’s neck on the ground floor; and (d) cut the victim’s back, sounded, and fleded the victim’s back neck by hand.

As a result, the Defendant inflicted injury on the victim, such as cerebral ley which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (the occupation of intimidation to carry dangerous articles, the choice of imprisonment), and Article 257(1) (the occupation of bodily injury and the choice of imprisonment) of the Criminal Act concerning criminal facts;

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. 1) Crimes No. 1: Special intimidation [the scope of a sentence of recommendation]: Group 4 (Habitual Cumulative, Cumulative, Cumulative, Special Intimidation) (4-1-1-2) of the mitigation area (special mitigation person] (special mitigation person) of the mitigation area; Group 2 of the crime of injury (the recommended punishment).