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(영문) 광주지방법원 2017.07.13 2017고단670
특수상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2016, at around 23:00, the Defendant: (a) Do main store located in Gwangju Mine-gu Gwangju (hereinafter “D main store”); (b) without any justifiable reason, she was engaged in beer World Cup, which is a dangerous thing for the victim; (c) she was able to fit for the head of the victim; and (d) her victim and the victim were pushed down to the outside of the foregoing drinking house.

As a result, the Defendant inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

2. A special intimidation: (a) around February 11, 2017, the Defendant found in a restaurant of “G” located in “G” located in the Gwangju Mine-gu, Gwangju, the said victim’s operation, and used a knife blade (the total length of 30 centimeters, the knife length of 20 centimeters), which is a dangerous object that the Defendant was in the vicinity of the Plaintiff, while talking about the issue of the victim’s obligation and the issue of male.

“Intimidating the victim”, the victim was threatened.

3. On February 11, 2017, the Defendant damage property: (a) around 23:00, on the ground that the said victim drinks alcohol together in front of the above restaurant and did not receive a telephone, and (b) on the ground that the said victim was in front of the restaurant, thereby damaging the fire portion of the market value equivalent to KRW 300,000,000 and the market value of which are owned by the victim, on the ground that he did not receive a telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Medical certificate (Evidence No. 14);

1. Application of each written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation, choice of imprisonment with prison labor) of the Criminal Act, and Article 366 of the Criminal Act concerning 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the methods and contents of the crime committed on the grounds of sentencing under Article 62(1) of the Criminal Act, the liability for the crime is unreasonable, but the crime was committed in the course of committing the crime.

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