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(영문) 대구지방법원 상주지원 2015.10.08 2015고합41
상해등
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 June 28, 2015, the injured Defendant: (a) around the house of the victim D (the 44 years of age, south) of the victim D (the 44 years of age, south) who was the Defendant’s provoking in Da, and (b) on the ground that the victim did not see the Defendant’s talk, the injured Defendant, in his hand, led the victim to approximately 14 days of the victim’s face, and thereby, damaged the victim’s satise and the satisf

2. On June 29, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) said that, around 16:32 on June 29, 2015, the Defendant reported the victim on the ground that the said victim reported the victim to 112, as above, the Defendant was fluored, and phoneed to the victim via a public telephone located there, and that, “The report is fluored by the weather fluor, the internal fluor, and fluora, once I am. I am fluor, I am my personal fluor.”

Accordingly, the Defendant, as seen above, expressed the attitude of threatening the victim to commit any harm to the victim for the purpose of retaliation against the reporting of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement made by the police against D;

1. A written diagnosis of injury;

1. Reports on internal investigation (limited to attachment of photographs of victims);

1. Application of Acts and subordinate statutes to a report of investigation (record of the victim of the suspect);

1. Article 257 (1) of the Criminal Act applicable to the crime (the point of injury and the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation for the purpose of return);

1. Aggravation of concurrent crimes among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the long-term punishments of the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;

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