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(영문) 서울중앙지방법원 2020.08.25 2020고단3609
특수상해등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is between the victim B (n, 46 years of age) and the annual living together for about one year.

1. On May 4, 2020, the Defendant suffered special injury: (a) around 21:00 on May 4, 2020, on the same day, on the ground that the Defendant borrowed the chargeor from the victim’s company by finding the victim’s company and did not have the victim’s attitude; (b) on the ground that the Defendant displayed the vexet of steel agents, which are dangerous objects, placed the victim’s face; and (c) was placed on the victim’s bridge; and (d) inflicted injury on the victim, such as heat and sprinking around the snow that needs to be treated for about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Special intimidation: (a) the Defendant: (b) threatened the victim, at the same time and at a place as referred to in paragraph (1), with the victim, who was assaulted as above, by stating that “The victim would throw away the company at a right right angle, with the victim’s clocks, which is a dangerous object to the hacker of the horses; and (c) thereby threatening the victim.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to reports on occurrence of crime, photographs of damage, medical certificate of injury, and photographs of criminal tools;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) of the Criminal Act that prescribes the choice of punishment (the point of inflicting bodily injury on carrying dangerous articles), Articles 284 and 283 (1) of the Criminal Act (the point of threatening carrying dangerous articles, the choice of imprisonment);

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. The act of inflicting bodily injury or intimidation on a dangerous object, such as the reasons for the sentencing of Article 62(1) of the Criminal Act, the illness, excessive amount of punishment, etc., should be strictly punished as it is highly dangerous.

However, it is against the fact that the defendant has no ability to punish, and most of the crimes are led to confession.

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