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(영문) 대구지방법원 경주지원 2016.11.23 2015고단1110

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant: (a) prepared documents related to divorce with the victim C (at the age of 48), but did not want to divorce; (b) did not want to have the documents promised by the victim; (c) sent the victim to work on the way by phone to the victim; (d) sent the victim to work on the way by phone to the victim; and (e) sent the victim at the house, the Defendant, who is the Defendant’s residence, 103 403 dong and Dong-dong, the Defendant 103 dong-si, which is the Defendant’s residence, sent the victim with the kitchen knife and the kitchen knife knife knife on the floor.

1. On September 11, 2015, at around 10:30 on September 11, 2015, the injured Defendant: (a) discovered the Defendant who is waiting for the victim with the kitchen knife with the kitchen knife in front of the above dwelling area; (b) obstructed the Victim’s head knife, knife the victim’s head knife, knife the victim’s head knife, knife the victim; and (c) forced the victim to take the victim’s head knife

2. The special intimidation Defendant threatened the victim by stating that the kitchen knife (total length: 30cc, knife length: 19cc) which is a dangerous object is large to the times of the said victim, and that the knife will die.”

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Statement by the prosecution against C;

1. Application of field photographs, etc., list of 112 reported cases processing reports, diagnosis reports, photographs of criminal tools, and text messages;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation and the choice of imprisonment);

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. Application of the sentencing criteria;

(a) Category IV (Habitual, Cumulative, Special Intimidation) of the Special Intimidation (Scope of Recommendation Sentence).