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(영문) 대구지방법원 포항지원 2019.07.18 2019고단305
상해등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) around 09:08 on Nov. 22, 2018, the Defendant expressed the victim D(68 years of age) located adjacent to B at the port north-gu, North Korea on the ground that the victim D(68 years of age) was changed; and (b) threatens the victim’s head as a main of the disease, which is a dangerous object on the table, to threaten the victim’s head; and (c) continues to threaten the head of the victim’s head, which is a dangerous object on the table.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. In the time and place specified in the above paragraph 1 above, the injured Defendant expressed the victim E (or 57 years of age) who operated the above C, which was known to the ordinary person at the same time and place, about why he did not receive a telephone, and she saw the victim’s chest by hand.

As a result, the defendant suffered an injury to the victim, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Report on internal investigation (pines, flaps and photographs of flags used for committing an offense);

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

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (a) and 257 (1) (a point of injury) of the Criminal Act concerning facts constituting an offense;

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 punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Class 2 crime (influence of types) (influence of injury) and violence crime: general injury [Type 1] and general injury (special person influence): mitigated elements: penalty not (including serious efforts to recover damage) or penalty not (including damage).

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