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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On December 16, 2016, around 07:50, the Defendant: (a) placed the victim’s head part of the victim D(44) in front of the six-story elevator of the apartment apartment of Daegu-gu, Daegu-gu, on one occasion; and (b) placed the victim a cerebral sugar in need of approximately three weeks of treatment.
2. On December 16, 2016, the Defendant, at around 07:50 on December 16, 2016, entered the part of the head of D, as stipulated in paragraph 1, in front of the sixth elevator apartment of the 6th apartment of Daegu-gu, Daegu-gun, at once, one time, followed the above D’s defect in reporting 112, and instead, had the intention to make a false report on D.
Defendant 1 filed a false report with F, who was called up after receiving 112 report in front of the above apartment, on December 16, 2016, on the following occasions: “F, at around two occasions, 07:50 on December 16, 2016, she received the head from D, making a false report.”
However, in fact, the defendant did not have any relation to D, and had the head of the police officer called into D three times of his own drinking, as he was in contact with D to make a false report to D.
Accordingly, the defendant was committed for the purpose of having D criminal punishment.
3. 협박 피고인은 2017. 3. 3. 07:55 경 대구 달성군 C 아파트 동 6 층 복도에서 위 D의 딸인 피해자 G( 여, 9세) 와 마주치자 아무 이유 없이 피해자를 향해 주먹을 쥔 상태로 우측 팔을 들고 때릴 듯이 위협하여 피해자를 협박하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statements from witnesses D and G;
1. A protocol concerning the examination of suspects of D;
1. Statement of the police statement related to G;
1. Written consent to voluntary accompanying;
1. Application of CCTV-related Acts and subordinate statutes;
1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 156 of the Criminal Act (the point of in accusation), Article 283(1) of the Criminal Act (the point of intimidation) and the choice of imprisonment for a crime;
1. The victims of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, who are likely to suffer considerable mental pain over a long period of time, are the defendants, and they are against children.