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(영문) 부산지방법원 2018.11.14 2018고단4511
상해등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

The defendant is the victim B (n, 40 years of age) and the relationship with the victim B, and was living together with the victim from December 2017 to September 2018.

1. On October 10, 2018, the injured Defendant, at around 00:35, 2018, engaged in a dispute while talking with the victim prior to telephone conversations with the victim, and found the bank in the above residence. Before the victim’s head, the victim’s face was collected from the victim’s head, and the victim’s face was collected due to drinking and sprinking, and the victim continued to gather food and sprinking, and the victim’s face was taken off on the floor, and the victim’s face was inflicted on the victim, such as the victim’s internal and spack, which requires approximately eight weeks of medical treatment.

2. Special intimidation: (a) the Defendant, at the same time and at a place as set forth in paragraph 1 of the above above, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, D, and E;

1. Foods of criminal tools (knife knife and excessive);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 1 of the Act on the Aggravated Punishment of Crimes [the scope of recommending] Article 38 (1) 1 of the Act on the Aggravated Punishment of Crimes and Article 50 where the mitigation area (two months to one year), Article 4 of the Act on the Aggravated Punishment of Intimidation (including a person who has been specially mitigated), Article 4 of the Act on the Aggravated Punishment of Crimes (including a serious effort for the recovery of damage), Article 4 of the Act on the Aggravated Punishment of Concurrent Crimes, or considerable damage has been restored, Article 2 of the Act on the Aggravated Punishment of Crimes [the scope of recommended punishment].

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