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(영문) 창원지방법원 2018.11.09 2018고단2415
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a victim D (n, 26 years of age) and from March 2018, the defendant got school system from around 2018.

On August 30, 2018, from around 20:30 to 22:30 on the same day, the Defendant sold the knife, knife (the total length of approximately 20 cm, approximately 34 cm, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif k).

As a result, the defendant, carrying dangerous objects, threatened the victim with about two weeks of physical communication, and damaged the victim's salves such as video and the next arms' salves.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (to attach photographs, etc. to the victim's body pictures, etc. and hear statements from the victim's telephone);

1. Police seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 and choice of imprisonment) 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Special bodily injury [Scope of Recommendation] Special Bodi Bodi Bodi Assaults (Special Bodi Bodily Injury) mitigated area (two months to one year) (Special Sentencing Persons), minor minor Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis (Mitigations of Reduction) and Non-Punishments (Mitigations of Reduction);

(b) Class 4 (Special Intimidation for Cumulative Intimidation) of the Special Intimidation (Scope of Recommendation).

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