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(영문) 서울남부지방법원 2016.11.23 2016고단3809
특수상해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:05 on July 17, 2016, the Defendant threatened the victim with a dangerous object (22 cm in total length, 11 cm in knife) in excess of the victim C (the age of 26) who was moving from the south-gu, Seoul Metropolitan City Do 7-ro, 5-ro, south-gu, west-gu, and west from the south-gu, to the knife basin, without any justifiable reason, to the direction of the victim C (the age of 26).

2. Around 01:08 on the same day, the Defendant: (a) placed excessive loss on the victim E (the aged 38) who is a deadly related victim E (the aged 38) who seeks to refrain from the Defendant, which is a dangerous object, in front of Guro-gu Seoul Metropolitan Government; (b) placed the victim’s left loss one time, and (c) brought about about about five weeks of the victim’s left loss to the left, resulting in a depth of about 3, 4, and 5 balance in the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, C, and E;

1. Seizure records;

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

1. Articles 258-2 (1), 257 (1), 284, and 283 (1) of the Criminal Act concerning the relevant criminal facts;

1. Selection of imprisonment with prison labor for a crime of special intimidation against punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Where the mitigation area (4 to 1 year), the mitigation area (4 to 4 months), the punishment of a person who is not subject to special mitigation (including serious efforts to recover damage), or considerable damage has been restored to a certain part of a crime of special intimidation (or the scope of a recommendation);

2. Crimes of special injury: Fixing the sentencing criteria not; and

3. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than four months (the lower limit of the sentencing criteria shall be observed as it is in the relation of concurrent offenses between the crimes for which the sentencing criteria are set and the unestablished crimes

4. The circumstances under which the sentence of sentence is rendered and the age, character and conduct of the accused.

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