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(영문) 부산지방법원 2020.03.25 2019고단6230
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 26, 2019, around 13:30 on August 26, 2019, the injured Defendant: (a) reported that the leased advertising site attached by the Defendant to the crosswalk signal, etc. at the Busan Dong-gu B, CCarryingphone sales agency, the victim D (the age of 82) removed the leased advertising site to a pro rata; and (b) carried out strings of both arms of the victim, so far as they are shakening so as to force the victim to treat approximately 14 days.

2. The Defendant: (a) inflicted an injury on the victim at the same time and place as mentioned in the preceding paragraph; (b) divided 14,000 won of the market value, which is the victim’s possession, into knee, and damaged by plucking and plucking.

3. Special intimidation: (a) the Defendant displayed the transition, which is a dangerous object, at the same time and place as the preceding paragraph, to the victim; (b) and (c) intimidation the victim’s body or life as if the victim was removed only once.

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each investigation report (number 2 to 5) and the application of Acts and subordinate statutes to the injury diagnosis report;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Aggravationd elements of the first crime (Special Intimidation) (Special Intimidation) (Special Intimidations) and intimidations [Type 4], repeated crimes, special intimidation (Special Intimidations): In cases of crimes (excluding cases where special intimidation is applied) showing the threat of group or multiple groups or carrying dangerous objects or carrying dangerous objects (excluding cases where special intimidation is applied), the subject of aggravated punishment, six months to two years of imprisonment;

(b) Second crimes (determination of types) and violent crimes;

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