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(영문) 광주지방법원 순천지원 2019.02.15 2018고단2770

특수상해등

Text

A defendant shall be punished by imprisonment for not less than nine months.

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

1. Around 00:30 on December 17, 2018, the Defendant suffered special injury to the Victim B: (a) calculated the alcohol value to the victim at “D main points” operated by the Victim B (AF) located in FF C; (b) the Defendant expressed the victim’s desire to “the fluent, dead, and dead of the money inside CFF; (c) taken the victim’s head into account a two main disease, which is a dangerous object in CF, and caused the victim’s injury, such as brain, where there is no two main points open for two weeks of treatment.

2. The Defendant, at the time and place specified in paragraph 1, threatened the victim E, who was an employee to witness and report to the police at the time and place specified in paragraph 1, and threatened the victim E, who was the employee of the police, with a dangerous object, as the victim E, who was the employee of the police.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A written statement;

1. Reports on internal investigation (victim B's statement);

1. A detailed statement on processing reported cases;

1. A medical certificate (B);

1. The scene of crimes, photographs of victims, photographs of victims, scene of crimes, and CCTV images;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) and 284 and 283 (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for suspended sentence under the main sentence of Article 62(1) of the Criminal Act include: (a) heavy risk and bad quality of each of the crimes in this case; (b) the degree of damage caused by each of the crimes in this case is not minor; and (c) the victims of special intimidation want to be punished against the accused.

On the other hand, the defendant paid 2 million won and agreed with the victim of special injury, and the defendant committed special intimidation.