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(영문) 수원지방법원 평택지원 2019.11.29 2019고단1283
특수상해등
Text

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

However, 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

The Defendant was referred to B, and the victim C(18) and the victim D(18) were the friendships of B, and the Defendant was entitled to the provisions from the residents of the next floor on the ground that the Defendant took the friendship B, who is a usual son, as his house, and frightly frighten.

1. A special injury: (a) around 00:53 on July 2, 2019, the Defendant returned home to his own place of residence of Pyeongtaek-si EF, and reported that the victims were locked at the inside, and returned to the victims; (b) however, the Defendant did not comply with it; (c) was in the kitchen, which is a dangerous thing in the flower (34 cm in total length, 21.5 cm in length) and was in the kitchen, which was in the kitchen, and was in the vicinity of the victim’s head back and head back, thereby causing injury, such as two heats requiring treatment for about 14 days.

2. Special intimidation: (a) the Defendant, on the same date, at the same time and at the same place as Paragraph (1), accessed the victim D with a knife, which is an dangerous object for the same reason; and (b) threatened the Defendant by carrying a dangerous object, such

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against B, C, and D;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs, such as the site, and photographs of damaged parts of C;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant, carrying a knife and inflicted an injury or intimidation on the victims who are friendly of the defendant's children, and the criminal liability is heavy in light of the contents and method of the crime.

However, the defendant's mistake is recognized and reflected, and the victims and the victims agree with it.

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