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(영문) 대전지방법원 천안지원 2018.10.05 2018고단1154
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

1. On January 24, 2018, at the D plant located in Pyeongtaek-si C, around 23:10, the Defendant had a victim E (51 tax) late at night, and had the victim’s head one time via the above spacker (47cm in length) which is a dangerous object at the factory for the reason that the Defendant interfered with the locked. After having taken once a spacker (47cm in length) of the victim’s left side, the Defendant had the victim’s head in the above spacker while saving the victim.

The defendant continued to put up 8 parts of the back of the victim with Rabert (m) which is a dangerous object in the factory, and put up about 2 weeks back the victim's head on one occasion by using Rabert (m) which is a dangerous object in the factory. In other words, the defendant continued to put about 2 weeks of treatment to the victim.

2. A special intimidation: (a) around January 24, 2018, at the place specified in paragraph (1) around 23:30 on January 24, 2018, the Defendant: (b) deemed the victim to be in danger of the victim’s escape from his/her head; (c) deemed the victim to be in danger of the victim’s head ( approximately 20cm in length and approximately 9cm in length on the day); and (d) threatened the victim with the victim’s death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (as regards on-site CCTV),

1. Investigation report (as to the tool used by the person who is accused):

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

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles) of the Criminal Act concerning facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles, and the choice of imprisonment);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

A. Special intimidation [Determinations] Crimes, Types 4 (Special Intimidation for Habitual Offense) [Special Intimidations] Punishment Non- [The scope of the recommended punishment] mitigated area, imprisonment for not less than four months.

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