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(영문) 창원지방법원 통영지원 2017.08.10 2017고단345
감금미수등
Text

A defendant shall be punished by imprisonment for six 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 was living together with the victim C (V, 47 years of age) and C, D. 201 on December 201, 2016.

1. The Defendant was injured on December 26, 2016, and on December 26, 2016, 02:30, D 201, where the Defendant was dissatisfied with the victim and believed that “the Defendant was disqualified” from the injured person during the period of his/her dispute with the victim;

I have heard the end of "Manaman", and I have tried to see the hand of the victim who was in a cellular phone due to his son, and 10 the face and head of the victim's face were 10.

As a result, the Defendant inflicted bodily injury on the victim, such as blood cerebral ties, salvine surface, thalvine salvine, thalvine thalvosis, etc., which require approximately four weeks of treatment.

2. Around 02:00 on January 31, 2017, the Defendant was waiting in front of the victim’s house located in E, and the victim was waiting in front of the victim’s house. However, the victim refused it, and the victim attempted to take the victim’s left arms in his/her hand and carried the victim’s car, and the victim resisted and perfected the credit frame, and the victim resisted the victim’s hair and knife the victim’s head and knife.

As a result, the defendant tried to detain the victim, but did so, but he did not commit an attempted crime, and the victim suffered bodily injury, such as the inner legine, climatic fladum, and fladalum, which require approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Investigation report (including photographs, etc. of the victim's face - accompanying pictures), internal investigation report (the wire currency with the victim);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant provisions of the Criminal Act, Article 257(1) (the point of injury) of the Criminal Act, Articles 280 and 276(1) (the point of attempted confinement) of the Criminal Act, and choice of imprisonment for a 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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection and the community service order.

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