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(영문) 광주지방법원 2017.09.18 2017고합256
특수상해등
Text

The sentence of sentence against the defendant shall be suspended.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On March 22, 2017, the Defendant: (a) around 17:00 on March 22, 2017, in front of the Defendant’s residence in Newannam-gun E, the victim D continued to avoid any defect without having repaid the amount of KRW 40 million in the past; (b) the victim D continued to do so, which is a dangerous object being kept in custody.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

2. On March 24, 2017, the Defendant: (a) around 09:00, at the place specified in paragraph (1); (b) on the part of the victim, the Defendant continued to avoid a 40 million won loaned by the victim; and (c) taken a dynamic image, and (d) took a picture, the Defendant flaged a brue, which was located at the place, and fladding four times the victim’s first half of the body.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Seizure records;

1. The application of Acts and subordinate statutes to recording records, video and voice files cd, investigation reports (Attachment of seized network photographs);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) (a) and 260 (1) of the Criminal Act (a point of special assault, choice of fines), and Article 260 (1) of the Criminal Act (a point of assault and choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by a special assault with heavier punishment);

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (The following circumstances considered in favor of the reasons for sentencing):

1. Circumstances favorable to the reasons for sentencing under Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation: The defendant's act of entering in the indictment is recognized; the defendant committed the crime of this case where he stimulates the defendant as he did not repay his obligation, and the defendant did not have any criminal record, and is disadvantageous to the aged 64 years of age: The victim is a dangerous article that the defendant is a dangerous article.

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