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(영문) 수원지방법원 2012.10.11 2012고합550
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged of this case, the injury is acquitted.

Reasons

Punishment of the crime

At around 03:10 on July 5, 2012, the Defendant was investigated by the police due to assaulting the victim D (the age of 47) at the night prior to that day, and was able to look at the Furg office in the operation of the victim in Suwon-si E at Suwon-si, the Defendant expressed his desire to “whether she can do so or not, she will do so,” and threatened the victim as if he were in his hand, who was a dangerous object on the receipt book at that place.

Summary of Evidence

1. The defendant's partial statement in court (a statement to the effect that there is a fact that he/she is punished for a dispute by finding a victim at the date and place set forth in the judgment of the defendant);

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement regarding D (Evidence records 43 to 47 pages);

1. Application of Acts and subordinate statutes in Chapter 1 of the CCTV screen: A investigative report (as to the closure of the CCTV screen), nine closures of CCTV screen, and one CD screen;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances favorable to the following grounds for sentencing)

1. Six months to fifteen years from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law; and

2. The scope of sentence according to the sentencing guidelines (decision of type), the group of violent crimes, intimidation, and the class IV (Habitual, Cumulative, and Special Intimidation) (Special Aggravations): motives/Mitigations to criticize: Imprisonment with prison labor for a period of six months from six months to one year and six months (basic area).

3. The crime of this case committed by the Defendant at the time of the victim before the day of this case was committed by committing an act of assault, etc., which is a highly dangerous thing for the Defendant to be investigated by the police, and found the office of the victim to threaten the victim. In light of the method of crime and the attitude of act, etc., the crime of this case was considerably poor. In particular, the Defendant has already committed violence, etc. over several times prior to this case.

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