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(영문) 대구지방법원 2017.02.02 2016고단6094

상해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the victim B (V, 51 years old) and the married couple.

1. In around 13:00 on October 24, 2016, the Defendant injured the victim on the ground that the damaged person leased the head of the Tong to another person without the horses from “D” operated by the injured person in Daegu Dong-gu, Daegu-gu, Daegu-gu, on the ground that the injured person was in possession of the head of the Tong without the horse to the Defendant, and caused the victim’s bodily injury, such as light dump, which requires approximately two weeks of medical treatment as he saw in hand and shakes down the head of the Tong.

2. On October 24, 2016, at the place described in paragraph 1, around 19:03, the Defendant suffered injury to the victim and was under investigation at the New Cancer District of the Daegu East Police Station, Daegu, as above, at the location described in paragraph 1, B. “N. N. death”

Until now, “I will die” was sounded as “I would like to set excessive (12 cm in length) that is a dangerous object in the kitchen, which was located in the kitchen, at the same time.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on internal investigation (a report on excessive unclaimed seizure);

1. Photographs of the criminal implements taken by a police officer of a district guard dispatched to the scene;

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

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

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. Crimes No. 1 in the sentencing guidelines [Scope of Recommendation] Crimes of Intimidations: Category 4 (Habitual, Cumulative Crime, Special Intimidation) (4-1 year) in the mitigation area (4-1 year in the mitigation area) / [the scope of recommending punishment] General / [the scope of recommending punishment] in the mitigation area (2-1 year in the scope of general injury) in the mitigation area (2-1 year in the reduction area) (2-1 year in the reduction area] in the reduction area (2-1 year in the special mitigation area] in the reduction area (2-1 year in the special mitigation area): April to June;

2. The fact that the defendant who was sentenced to sentence has committed the instant crime contingently in the course of dispute with the victim, and is in depth against the victim.