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(영문) 서울남부지방법원 2016.11.16 2016고단4662
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on September 23, 2016, the Defendant: (a) considered that E and the victim F (year 25) who is an employee of Gangseo-gu Seoul, working for the Defendant at the “Dcafeteria,” have a dispute; and (b) took a horse with the victim at his/her age, such as “I will be able to get off the victim’s face,” and then, he/she again brought the victim’s kitchen (33 cm in length, 20 cm in length) with a kitchen, which is a dangerous thing in the front, and “I will die,” and “I will die the width,” and “I will get off the victim’s face, and throw the victim’s face with the victim’s hand.”

As a result, the Defendant carried a kitchen, which is a dangerous object, inflicted an injury on the victim, such as an open upper room, which requires treatment for about two weeks, and threatened the victim by carrying a baby, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Police seizure records;

1. G statements;

1. A report on investigation (Attachment of a medical certificate);

1. Application of the Acts and subordinate statutes to victim photographs, knives and photographs seized by the suspect;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

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

A. Special intimidation (determination of types) is habitually a repeated crime (type 4), and special intimidation (type 4).

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