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(영문) 대구지방법원 안동지원 2019.03.08 2018고단668
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around August 28, 2018, at C Office located on B and B of Permanent Residence (20:30 on August 28, 2018, the Defendant was urged to perform the obligation of KRW 1,500,000,000,000 from the victim D (58). The Defendant, as a drinking-in drinking, prices once the victim’s left face part of the victim’s head and left part of the victim’s head and left part of the plastic, which is a dangerous object, on several occasions, and prices the victim’s head and part of the victim’s head on several occasions.

As a result, the defendant carried dangerous articles and inflicted injury on the victim, such as lupage cupage 9 on the left-hand side, which requires approximately four weeks medical treatment.

2. The Defendant, at the time, at the time, and at the place specified in the above Paragraph 1, committed an act of causing harm to the life and body of the victim by stating that “this Chewing feass, dead,” as the victim’s item, he saw that he would inflict any harm on the victim’s life and body.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) of the Criminal Act that prescribes the choice of punishment (the point of inflicting bodily injury on carrying dangerous articles), Articles 284 and 283 (1) of the Criminal Act (the point of threatening carrying dangerous articles, the choice of imprisonment);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Sentencing criteria;

(a) No basic area (six months to two years) of crimes (a) referred to in subparagraph 1 (Scope of Recommendation), special injury and repeated injury (a special injury) referred to in subparagraph 1;

B. The basic area of crimes No. 2 (Special Intimidations) (Scope of Recommendations) (Special Intimidations) (Special Intimidations) is the basic area of crimes No. 4 (Special Intimidations).

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