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(영문) 대구지방법원 안동지원 2017.12.08 2017고단656
특수상해등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. On September 23, 2017, around 00:00, at the C convenience store located in Ansan-si B, the Defendant: (a) took a bath with the victim D (33:3) and E while drunk without any justifiable reason; and (b) took a horse from E, “I am at the same time with heavy drinking,” she saw the victim’s head as his/her hand, who is a dangerous object in the above convenience store.

In this respect, the defendant carried dangerous things with the victim about two weeks of treatment, which requires two-time treatment.

2. Special intimidation: (a) the Defendant: (b) took the part of the shouldered Sick Sick Disease, which is a dangerous object at the time and place specified in paragraph (1) as his hand; and (c) took the part of the Victim D (333) and the Victim E (3333) as his hand, and said that “C guebs, dead, and discarded.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Written statements of D and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. In cases of special intimidation under the relevant provisions of the Criminal Act concerning facts constituting an offense: Articles 258-2 (1) and 257 (1) of the Criminal Act: Articles 284 and 283 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Intimidation);

1. Selection of a sentence of imprisonment with prison labor (special intimidation);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not good in light of its circumstances, method, and risk.

This is an unfavorable circumstance to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

All victims do not want the punishment of the defendant under the mutual consent between the defendant and the defendant.

The degree of injury is relatively minor.

The defendant is punished by a fine not exceeding one time in 2000.

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