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(영문) 대구지방법원 2018.02.08 2017고단4694
상해등
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 31, 2017, the Defendant: (a) around 23:00 on July 31, 2017, at the home of the victim D (59) in Daegu-gu C, Daegu-gu; (b) had difficulty in drinking; (c) the victim was unable to take the influence of alcohol; (d) the Defendant’s hand was closed with the door, and the victim was faced with the head; (c) the victim was taken several times due to the head; (d) when the victim’s face was taken by drinking, and (e) the victim’s eye was taken by drinking, and (e) the victim’s eye could not be known of the number of days of treatment.

On December 14, 2016, the Defendant, at around 18:05 on December 14, 2016, concealed the kitchen knife (18cm length) which is a dangerous object brought from the house to the other person, in the multi-faceted area of the victim F (n, e.g., f., 58 years of age) in the Seogu-gu E and underground, Daegu E, and the victim F (n.g., f., 58 years of age).

During that, the defendant, in response to the demand of another customer for tobacco, annoyinglying the other customer to get out of his clothes, booms the victim's chest side of the kitchen kn's chest in the front of the victim's clothes, and dies.

The victim threatened the victim, such as “,” etc.

Summary of Evidence

"2017 Highest 4694"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of the upper part of the victim's body "2018 Highest 57";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Investigation report (to hear and report the details of statements made by victim Fphones);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. A crime falling under the scope of the recommended punishment according to the sentencing guidelines [the scope of recommended punishment]. The second crime that has no basic area (from June to one year and six months) (the person subject to special sentencing) of the basic area (from June to one year and six months) of the four types (Habitual, repeated, and special intimidation) [the scope of recommended punishment].

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