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(영문) 춘천지방법원 원주지원 2017.01.05 2016고단1159
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

No. 1 of the evidence from the defendant shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant, on November 22, 2016, 14:00 on November 22, 2016, was under drinking alcohol in D’s room, which is a tenant of the housing located in C, a tenant of the housing located in C, who was fluored by the fluor of the housing. The Defendant: (a) broken the fluor of the fluor’s disease located therein, and (b) broken the fluor of the fluor of the fluor’s disease; and (c)

“A person who heards the victim’s words, assaulted the victim’s face by drinking the victim at a time.

2. A special intimidation: (a) the Defendant, as described in paragraph 1, abused the said victim to assault F, G, etc.; (b) claimed that the victim’s daily activity was frightened; (c) then, at around 15:00 on the same day, purchased a knife blade (the total length: 33 cm; 20 cm in length on the day) equivalent to the market value of 10,000 won at H at the Won-si around 15:00; and (d) used the knife to the victim and his/her daily activity, and had the victim receive apology from them.

The Defendant, at around 16:15 on the same day, demanded the above victim to be subject to apology, but the victim would not be subject to apology, and the victim would be "Bhhhhhhhhhh" and "Bhhhhhhhhhhhhhhhhhh", which is a dangerous object possessed by dancing, threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the J, E, and F;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the details of prosecutor's direction and investigation related to additional witnesses);

1. All on-site photographs;

1. Application of Acts and subordinate statutes to telegraph and photographs of victims;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 260(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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

1. The basic area (six months to one year and six months) of the crimes of intimidation 1 [the scope of a recommended punishment] (Habitual, repeated, repeated, special intimidation) (no person subject to special sentencing];

2. The basic area of the crime No. 2 [the scope of recommendations] No. 1 (general assault) (one month to ten months) (the person who is subject to special sentencing).

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