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(영문) 서울중앙지방법원 2019.05.30 2019고단1332

상해등

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

Criminal facts

1. On March 4, 2019: (a) around 06:32, the injured Defendant: (b) took horse fighting in relation to sending text messages to a new male-gu, Gangnam-gu, Seoul; (c) the victim C (the 19-year-old person C (the 19-year-old person) who was related to the victim’s head and body body part of the victim; and (d) took the victim’s head and body part of the victim’s head and body part of the victim’s body part are walking back to the victim’s body part; (c) the victim was able to take care of the victim’s head and body part continuously by both hand, and suffered injury, such as a non-pelleting the body part necessary for medical treatment for about three weeks.

2. On March 4, 2019, at around 06:38, the Defendant continued to threaten the victim, who was living together with the said victim, with the Gangnam-gu Seoul Gangnam-gu Down x x x the victim, who is a dangerous thing for the victim, who had the assaulted by the Defendant, and used the assault on the floor of the relevant house, using a kitchen knife (total length of 33 cm) for the purpose of threatening the victim, stating that the victim is “the dead, such as the dead,” thereby threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Police seizure records;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a investigative report (related to the closure screen ofCCTV images);

1. Inflicting Article 257 (1) of the Criminal Act concerning facts constituting an offense;

(C) Articles 284 and 283(1) of the Criminal Act (Special Intimidation)

U.S. Imprisonment

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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommending punishment] 1) violent crimes (type 1] / [the basic area for ordinary injury: April to June 2): violent crimes (category 4] / The basic area for special intimidation / April to June 1: Reduction due to reasons for mitigation (special punishment) (Article 4-1) : Reduction due to reasons for mitigation (Article 48(1)1 of the Confiscation Criminal Act (Article 48(1) : 2-1 year from October 2): Reduction due to reasons for mitigation (Article 48(1)1 of the Confiscation Criminal Act (Article 48(1).