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(영문) 서울북부지방법원 2017.07.07 2017고단1456
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around March 21, 2017, around 19:40, the Defendant demanded the victim C(31) from the front road of the Seoul Western-gu, Seoul, that the Defendant be punished by ten times more than that of the victim’s 10 days, and (b) the victim reported the above case to the police and was subject to the investigation, thereby threatening the victim as if the victim were infinited with a dangerous object in the vicinity and the victim.

2. In the date and time, at the place, as described in paragraph 1, the injured Defendant, while making a dispute with the injured party C (31) for the said reasons, brought an injury to the injured party, such as the strike and loss of the water of dental appliances for which treatment between approximately 185 days is required, on one-time price per own drinking the injured party’s left face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing CCTV images CDs submitted by the victim and damaged parts of the photograph;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 257(1) (a) of the Criminal Act, and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the fact that the nature of the crime is not less complicated in light of the background and form of the crime of this case, and the degree of injury; (b) the defendant has been punished several times prior to the crime of violence; (c) the defendant confessions and reflects the crime of this case; (d) the defendant has committed the crime of this case with the victim as a contingency because of a dispute with the victim; (e) the fact that the victim of Madice Dental with the Madul for the performance of damage caused considerable impact on the degree of injury; and (d) the defendant deposited 1.4 million won against the victim for the repayment of damage; and (e) other circumstances and sentencing guidelines revealed in the records and changes theory of this case, the punishment shall be determined as per the order.

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