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(영문) 청주지방법원 2016.11.01 2016고단1720
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 15, 2016, from around 21:00 to August 03:30, 2016, the Defendant suffered special injury: (a) in the residence of the victim D, who is a chain of Cheongju-gu C apartment B, 906, Cheongju-gu, Cheongju-gu, Cheongju-gu, Cheongju-si, on the ground that the victim dialogues with other male and female on the ground that the victim had talked with smartphone-rating fishing method; (b) in three items (120 cm in length), which are dangerous objects in beer; (c) the victim’s jum, buckbucks, face, etc., the victim’s buck and spawn spath, etc., were taken once the victim’s buck face, and the victim’s s chests do not have any other me in need of open treatment for the victim.

2. Special coercion: (a) the Defendant, at the above time and place, took the victim under the victim’s title, which is a dangerous object as above; (b) made the victim off clothes by threatening that “each of the knife knife knife knife knife”, knife knife knife and knife knife knife, and knife knife the knife and knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each police statement of E, F, and E;

1. The victim's photograph and diagnostic document;

1. Application of field photographs and Acts and subordinate statutes on criminal implements;

1. Articles 258-2 (1), 257 (1) (a) and 324 (2) and (1) (a) of the Criminal Act concerning facts constituting an offense (a point of coercion of carrying dangerous articles and choice of imprisonment) of the same Act;

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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of probation and order to attend a lecture is not good in light of the method and content of the crime of this case, and the physical and mental damage suffered by the victim is considered.

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