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(영문) 창원지방법원 진주지원 2019.06.14 2018고단1657

상해등

Text

A defendant shall be punished by imprisonment for four months.

except that 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

In B, the Defendant operates clothes with the trade name of “C”, and the victim D (Inn, age 48) operates the clothes with the trade name of “E” as “E.”

1. On October 17, 2018, at around 12:44, the Defendant: (a) expressed the victim’s bath in front of the clothes “E” operated by the victim located in the Hadong-gun F, Hanam-gun; (b) took an industrial blade (6 cm in length, 3 cm in length) toward the victim, which is a dangerous object in possession; (c) took the victim’s the part above the part of the victim’s path; and (d) continued to inflict the victim’s injury, such as salt, tension, etc., that requires three-day medical treatment.

Accordingly, the defendant assaulted the victim with dangerous things, and injured the victim.

2. On October 20, 2018, the Defendant threatened the victim, such as: (a) at the place specified in Paragraph 1, around 17:30 on October 20, 2018; and (b) at the victim’s time, “I am hys. I am hys. I am hys.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H (II);

1. On-site photographs, investigation reports (Attachment photographs of CCTV images taken by the injured party), investigation reports (Attachment to the production of USB CDs), CCTV-cap photographs, etc. submitted by the injured party D, seizure records (Evidence List Nos. 18), seizure list (Evidence List Nos. 19), industrial blade photographs, actual condition survey records, photographs, CCTV images, CCTV images, etc.;

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

1. Relevant Article of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of special violence), Article 257(1) of the Criminal Act (the point of injury), Article 283(1) of the Criminal Act (the point of intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence) (Type 6) is the basic area of repeated crimes and special assault;