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(영문) 서울남부지방법원 2016.10.27 2016고단4189
특수상해등
Text

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

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

Reasons

Punishment of the crime

The defendant is the victim C(n, 59 years old), and the victim D (58 years old) is the spouse of the victim C.

1. Around September 2, 2016, the Defendant, at around 21:00, expressed a large voice of the victim D and the mother of the victim D in Guro-gu Seoul Metropolitan Government on the ground that the victim D and the mother of the defendant were in an employment problem, and expressed a prudent that “The victim D and the mother of the defendant would be in accordance with the Defendant’s mother.” On the other hand, the Defendant expressed a knife (33 cm in total length, 19 cm in the kitchen, knife length) in the kitchen, and threatened the victim D with a knife as the victim D.

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

2. In the same time and place as Paragraph 1, the Defendant suffered special injury: (a) the victim C prevented the Defendant from doing the above acts; (b) the victim C knife and knife the above knife; and (c) the victim C knife several times to report to the police; and (d) the victim C knife C was faced with the victim C.

As a result, the defendant carried dangerous things and inflicted injury on the victim C on the victim C in the treatment days where the left floor is about 2 cm.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes of the seized articles, photograph of the victim's upper part, photograph concerning the seized articles, record of seizure, and the list of seized articles;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (the occupation of special intimidation and the choice of imprisonment), and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

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 reason for the sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant's act of threatening the victim of his or her mother's relationship with his or her mother living together with his or her other victim and causing bodily injury is not exceptionally liable.

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