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(영문) 청주지방법원 영동지원 2017.08.10 2017고단3
상해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2016, the Defendant, at around 49 years of age, was fluored by the victim D (V, 49 years of age) in the Chungcheongbuk-gun C, 2016, on the ground that the victimized person was not informed of the personal information of the said customer, even though he/she was assaulted by the fluorous customer.

1. In around November 11, 2016, the Defendant of special intimidation: (a) in the above E around 20:26, 2016, as to whether the Defendant shot fire was frighted for the said reasons, she was frightened to the victim at his/her home with gasoline 1 and string in a singing room; and (b) one hand, with one hand, with the distribution of volatiles and one hand, she was frighted to the victim, and “Iskh h. h. h.”

C. Death shall be discarded.

“The victim was frightened by opening a lid with the display of volatiles and liding gasoline on the floor, as if the victim were frighten.

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

2. In the time and place indicated in paragraph 1, the injured Defendant, depending on the victim who moves out of a singing room by cutting the distribution of volatiles cited by the Defendant, sing away the victim’s face and shoulder by hand, and sing the victim’s right bridge two times due to the outbreak, thereby causing injury to the victim for whom treatment for about 14 days is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to an injury diagnosis report (Evidence No. 12) attached to the investigation report;

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

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2 of the Criminal Act on the observation of protection;

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

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

(a) the crime of injury (e.g., determination of type).

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