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(영문) 인천지방법원 부천지원 2016.02.04 2015고단3604
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 14, 2015, the injured Defendant: (a) around 14:00, Seocheon-gu B 101; (b) the injured Defendant’s friendly Don Don Don Don Don Dan Don Dan Dan Don Dan Don Don-gu 23; (c) the Defendant’s “

C. The desire was expressed as the “flachie”, and the victim’s “packer” was flabed by the horse, and the victim’s face and body was hacked several times by hand and hacker, and the victim was wheeler with the face and body of the victim, and the victim was hacker with approximately seven days of treatment.

2. When the victim C was removed from the victim and D at the time, at the time, at the time, at the time, and at the place specified in paragraph 1, the Defendant threatened the victim by stating that the victim would die by putting the transition (21 cm in total length, 12 cm in length on the day), which is a dangerous object that had been purchased and prepared in advance before misunderstanding in the victim’s house, was taken off from the victim’s house, and putting the victim’s body into her hand and her “to throw away it.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure, list of seizure, photographs, evidence of seizure, each investigation report, and application of statutes to death diagnosis;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the crime No. 1 [the scope of the recommended punishment] is subject to the mitigation area (four months to one year), the mitigation area (including a serious effort to recover damage), the crime No. 2 [the scope of the recommended punishment], the mitigation area of punishment (including a serious effort to recover damage), or the recovery of considerable damage (including a special mitigation), or the crime No. 1 (two months to one year), the mitigation area (including a serious effort to recover damage) or a considerable part of the mitigation area (including a person who has been specially mitigated).

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