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(영문) 서울서부지방법원 2017.01.11 2016고단3170
특수상해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence No. 1 shall be returned to the victim C.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on December 16, 2016 by the Seoul Northern District Court for the crime of fire prevention of general goods, and was sentenced to a suspended sentence of two years on December 24, 2016.

[Criminal facts]

1. On October 15, 2016, around 18:40 on October 15, 2016, the Defendant: (a) opened a “E” restaurant for the victim’s operation in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “E”); (b) laid the victim’s market value in the kitchen, and stolen it.

2. Around 18:50 on October 15, 2016, the Defendant suffered an injury in the front of Mapo-gu Seoul, Seoul, by putting the knife knife (30cm on the knife, 44cm in total) which was a deadly stolen weapon, as described in the preceding 1.1. and putting the knife knife on the part of the victim G (nife, nife, nife, nife nife nife nife nife nife nife nife nife nife nife nife nife nife nife nife nife nife nife n

3. The Defendant, at the same time and place as the description in the preceding paragraph, had the same place in which G had the same knife as above.

G Victim H(42) of the victim H(S) of the G this Defendant’s “Is the Defendant now.”

“Along with sound control, the victim threatened the victim with a knife, which is a deadly weapon, and thereby, threatened the victim as if he/she would inflict any bodily harm on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. C’s statement;

1. Records and photographs of seized articles;

1. Response to a request for appraisal;

1. Each report on investigation;

1. Previous convictions: Application of inquiries about criminal history, replys to inquiries, investigation reports (Submission of reference materials) and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abstinence, a choice of imprisonment), Articles 258-2(1), 257(1) (a) of the Criminal Act, and Articles 284 and 283(1) (a) of the Criminal Act regarding the crime (abstinence, a point of special intimidation, and a choice of punishment by imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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