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(영문) 창원지방법원 2017.10.12 2017고단2528
특수상해등
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

Punishment of the crime

The defendant is a person who is aware of only one another in a dance hall for the victim C and about three years before the victim C.

1. A special intimidation at around 00:46 on June 8, 2017, the Defendant saw the improvement in the victim’s item on the ground that: (a) the victim’s “Esing room”, which is a dangerous object that the victim was prepared in advance to avoid drinking without telephone (the total length of 55cm, 20cm in length on the day, 20cm in length), was defective; (b) but was rejected.

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

2. In the same time and place as Paragraph 1, the Defendant, at the same time and place, had the Victim F (40 years of age), which would threaten her mother C, and had the Victim F (40 years of age), display its improvement, and carried out physical fighting with the Victim, and had the Victim’s left part of the said improvement, which is a dangerous object, flicked by the end of the above improvement, flickly 15cm.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement with respect to C and F;

1. A criminal investigation report (as to the situation of dispatch to the scene);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The reasons for sentencing under Article 48(1)1 of the Criminal Act include: (a) the following circumstances: (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (c) the conditions for sentencing specified in the instant case, including the circumstances after the commission of the crime, are considered.

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