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(영문) 서울중앙지방법원 2016.09.21 2016고단1909
상해등
Text

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

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

Reasons

Punishment of the crime

Of the facts charged, the part which does not affect the establishment of crime and is recognized as evidence was deleted.

1. On April 12, 2014, at around 20:0, the injured Defendant suffered injury, such as the 5-day breath of water support, which requires approximately 6 weeks of medical treatment to the victim, due to the victim D (n, 42 years of age)’s house in Gwanak-gu in Seoul Special Metropolitan City, due to money problems, etc., and the victim was placed with his/her clothes of plastic material, making it fit for the victim’s hand, and caused injury to the victim, such as the 5-day breath of water support.

2. On September 22, 2015, the Defendant who damaged property: (a) around September 22, 2015, at the victim’s house; and (b) at the victim’s house suspected of having another male, the victim asked the victim to change the cell phone owned by the female; (c) but (d) the victim was refused to leave the cell phone from the victim’s cell phone, thereby destroying the victim’s property.

3. A special intimidation: (a) the Defendant, at the same time, at the same place as that of the above paragraph (2) above; and (b) the victim suspected of drinking another male, and threatened the victim with dangerous things, such as the kitchen gate ( approximately 20 cm in total length, about 15 cm in length), which is a dangerous matter in the kitchen, which is a kitchen in the place of the kitchen. (c) The Defendant: (a) carried a kitchen with the intent that the victim would kill the other male; and (d) by carrying a dangerous object, which means that the

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on mobile phone pictures of the damaged victim;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage to property), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and each choice of imprisonment with prison labor;

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. Two crimes (Assaults) for which the sentencing guidelines set forth in Category 1 (Assaults) [the scope of recommending punishment] is without the basic area (six months to one year and six months) (special sentencing factors) of Category 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) [the scope of recommending punishment].

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