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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1527
특수상해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

1. The Defendant, on May 31, 2018, intended to exchange the used car purchased from the victim E ( South Korea and 45 years of age) at the medium-sized trading business place with D located in Thecheon-si, B around 14:50 on May 31, 2018. The Defendant used 쇠 pipes (120cm in length, 20cm in diameter) which are dangerous articles prepared in advance for the reason that the victim requires additional consignment expenses, etc. in the process of exchanging the used car differently from the time of the sale of the used car, and calculated the part of the victim’s mother and the left chest in each time of the victim’s hair, and caused injury, such as damage to the pley wall that requires treatment for about 14 days, by selling the part of the victim’s arms at one time.

2. The Defendant, at the time, at the time, and at the place specified in the above paragraph 1, has inflicted an injury on the victim, and then has placed the width, which is a dangerous object that had been prepared in advance, on the body of the Defendant and on the floor of the office.

The victim expressed the same attitude as the body, office, etc. of the defendant when the victim does not have a serious exchange as he/she wishes, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Protocol and list of seizure;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles) of the Criminal Act concerning facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles, and the choice of imprisonment);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the type of intimidation], and the type four (Habitual, repeated, and special intimidation).

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