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(영문) 제주지방법원 2017.12.20 2017고단2179
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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. On August 11, 2017, around 22:50, the injured Defendant: (a) heard the horses that snicked from the injured party, who was waiting for the injured party at the home of the injured party C (at the age of 54 years) in Jeju, was snicking for a mixed drinking; (b) snicked twice the injured party’s head on two occasions; and (c) snicked the victim’s head by drinking, the injured party suffered injury, such as a tent snick, which requires approximately three weeks of treatment to the injured party.

2. At the time and place specified in the preceding paragraph, the Defendant, while assaulting the victim as mentioned in the preceding paragraph, took a kitchen knife, which was a deadly weapon on the victim’s chest, and threatened the victim by walking the victim’s chest into the victim’s chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. A copy of medical records;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Articles 284 and 283(1) of the Criminal Act;

1. Selection of each sentence 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. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the fact that it is against the victim, agreed with the victim, and the fact that there is no criminal history subject to punishment exceeding a fine after the year 1977);

1. The community service order under Article 62-2 of the Criminal Act;

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