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(영문) 대구지방법원 안동지원 2017.08.08 2016고단1003

상해등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 2016, the Defendant saw the victim’s wife D (Woo, 62 years of age) at his/her dwelling room in Ansan-si, Dong-dong, Dong-si, Dong-si, and ceased his/her play, and the victim saw two excessive knife, which is a dangerous object again, in his/her body in his/her toilet, and knife “I knife.”

The term “the victim” refers to “the victim’s title was threatened by a vegetable threat towards the victim’s interest.

2. On August 2016, the Defendant: (a) sent the victim with no justifiable reason at the residence described in the foregoing paragraph 1, and (b) opened the victim’s home with the victim’s home page, and (c) sent the victim with the victim’s home page, the number of days of treatment was boomed.

3. On October 24, 2016, around 19:40 on October 24, 2016, the Defendant, on the ground that the victim did not put oil in the dried season at the residence indicated in the foregoing paragraph 1, sold the victim’s left upper part of the arms, thereby selling them under the number of days for treatment to the victim and then on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to each investigation report (with respect to the statement of the victim's victim's body photo, and witness due to the assault of the victim D);

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) and 257(1) (a) (a point of special intimidation) of the Criminal Act concerning facts constituting an offense; and Article 284, 283(1) (a) (a point of each injury) of the same Act

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

(a) Injury (an injury (an injury No. 1) / General injury (the scope of recommended punishment) / Type 1 (the general injury) / [the person subject to special mitigation / [including a serious effort to recover damage] mitigation area (two months to one year);

(b) Injury (an injury (an injury) [the scope of the recommended punishment] general injury (an injury to the general public) in the mitigated area (two months to one year) (a special mitigated person) [a person] punishment not for damage (a serious effort to recover damage).