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(영문) 춘천지방법원 영월지원 2019.09.24 2019고단283
상해등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant and the victim B (the age stated in the indictment of the age of 35 is a clerical error, and thus the above correction is made) of the victim B is a married couple.

On May 2, 2019, from around 19:00 to 12:00 the following day, the Defendant expressed the victim’s desire to “the victim’s c apartment Nos. D,” and “the victim’s face, hair, arms leg, etc., without any justifiable reason, brought an injury on the victim’s face to the whole face, such as a red tag, a cryp, and a cryp, and a number of cryposis and a bridge.

2. The Defendant, with special intimidation against the victim E (the age of 61), was able to have an objection against the victim’s opportun and scam frequently committed from the victim’s sexual intercourse to the age of adults.

On June 5, 2019, around 16:35, the Defendant found the victim’s house located in the F apartment G in Taecheon-si, Taecheon-si, and threatened the victim with a knife (50 cm in total length, 25 cm in knife length), which is a dangerous object that had been prepared in advance, with respect to its character and character for the foregoing reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes to photographs, medical records, knife pictures, and photographs of each victim of crime;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

A. First Crimes (Special Intimidations) (Special Intimidations). Intimidations [Type 4], repeated crimes, special intimidation (Special Intimidation).

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