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(영문) 서울중앙지방법원 2016.08.26 2016고단4136
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 5, 2016, the Defendant, at around 01:30 on May 5, 2016, had been suffering from a 1st floor of “D head office” located in Jung-gu Seoul, Jung-gu, Seoul. On the part of the victim E (37 years of age) and a dispute with the victim E, the Defendant was suffering from a scambane, which is a dangerous thing at the same time, and was suffering from the victim’s scam, and was suffering from a scambane, which requires approximately two weeks of treatment for the victim.

2. The Defendant damaged property, at the time, at the time, at the place, and at the place of the above paragraph, the beer’s disease was laid in the second floor glass window operated by the Victim F, and damaged KRW 80,000 for repair costs.

3. Special intimidation Defendant uses a knife (the total length: 30cm and knife length: 17cm) which is a dangerous object that takes place at the time, time, place, and place in the place of the foregoing paragraph, and uses the victim F (47 cm) on the second floor of the building in the above knife.

The death will be discarded.

In this regard, the victim was threatened by considering the attitude that the victim seems to have had any harm to the life and body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Police seizure records;

1. Each photograph;

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

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act, Article 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act for criminal facts, the choice of punishment for imprisonment, and Article 366 (a) of the Criminal Act;

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 48(1)1 of the Confiscation Criminal Act is not good, and there was no agreement with the victim of special injury. However, there was an agreement with the victim of damage to property or special intimidation, the recognition of the crime is against the wrong fact, the primary crime is the defendant's age, sex behavior, environment, occupation, family relationship, health condition, and circumstances after the crime, etc., as shown in the records and arguments of this case.

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