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(영문) 대구지방법원 2020.12.09 2020고단5078
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a sheshesheshel in the victim B (math, 73 years of age) and is living together with the victim for about six years.

1. At around 23:20 on September 17, 2020, the injured Defendant: (a) at the large room of the Defendant’s residence located in Yongcheon-si C apartment D; (b) at the under the influence of alcohol, the Defendant saw the Victim’s “Is properly living” from the Victim, who was her driver, was hicking the Victim’s face with his hand; (c) was strokeing the Victim’s face with his hand; and (d) was strokeing the Victim’s neck for about two weeks.

2. The Defendant, at the time and place specified in paragraph 1, threatened the victim by carrying a dangerous object with the victim’s face-to-face “as soon as possible, inasmuch as he did not assault the victim, as described in paragraph 1, and as he did not do so, he did not leave the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of 112 Reporting Statement of Police Statements B and E, respectively;

1. Each photograph: "victim form, etc.", "property seized", and "place of criminal conduct";

1. Statement of police seizure;

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 257 (1), 284, and 283 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody, etc. 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) Class 1 (Special Intimidations) (Special Intimidations) (Special Intimidations) / [Type 4] Cumulative Intimidations, Special Intimidation (Special Intimidations) - Mitigations: In cases where the degree of intimidation is minor (Categories 1, 4, and 5), in which case no penalty is imposed (in the area of recommendations and the scope of recommendations), special mitigation (in the area of recommendations and recommendations), imprisonment.

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