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(영문) 의정부지방법원 고양지원 2021.01.21 2020고단3085
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Whether the injured defendant reported on September 17, 2020 to the injured party C (V, 22 years of age) who was next to that of his spouse in the residence of the defendant living in Gyeyang-gu around 15:30 on September 17, 202, when his spouse was first considered to be his spouse B, and who is "a male who is" to the injured party C (V, 2

The victim was ‘the victim', but the victim was ‘the male-child-gu' in ‘the male-child-gu', ‘B', and the victim was 10 times the face of the victim by hand, and the victim was scard and scard.

As a result, the defendant puts the victim on a scarcity that requires treatment for about three weeks on both sides.

2. A special intimidation: (a) at the time, at the time, and at the place specified in paragraph 1, the Defendant: (b) expressed the victim B (n, 22 years old); (c) “The Defendant threatened the victim B (n, h, and h. inside, with his male ices; (d) he threatened him with the knife knife, which is a dangerous object that the said B did not answer; (b) threatened the victims with the knife, “the knife of the knife,” and threatened the victim B with the knife knife described in the said Section B.

Accordingly, the defendant threatened victims of dangerous articles in a knife.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement B, each police statement protocol of the defendant with respect to C, photographs of the victim B, victim C in front of the damaged part of the victim C, the medical certificate of injury, and the kitchen photographs;

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 aggravated prosecutor appears to have prosecuted each special intimidation against the victims as the ordinary concurrent crimes, but the aggravated prosecutor shall be regarded as having committed substantive concurrent crimes.

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

1. Article 62(1) of the Criminal Act provides that the Defendant’s reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution is not against the disadvantage of the victim’s assaulting the victim C, and the risk of threatening the victims is not less light.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

Defendant commits a crime.

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