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(영문) 울산지방법원 2016.11.11 2016고단3598
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2016, the Defendant received a request for withdrawal from the “C” restaurant located in Ulsan-gun, Ulsan-gun, Ulsan-gun, to the victim D (Inn, fifty-five years of age) who took over the restaurant, and collected the victim, and suffered injury, such as salt dynasium, which requires treatment for about two weeks.

2. The Defendant, at the same time and at the same place, threatened the victim by putting about 30 cm (a total length), which is a dangerous object, in the main room, and putting the victim a knife knife on the knife and knife the knife on the part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Article 257 (1) of the Criminal Act and Article 257 (2) of the same Act concerning the facts constituting an offense: Articles 284 and 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class 1 (Crimes of Intimidation) of the sentencing guidelines for the recommended type of crime (Crimes of Special Intimidation) (Crimes of Intimidation) No. 4 (Habitual Cumulative Intimidation, Special Intimidation): The mitigated element of punishment: Imprisonment with prison labor [Scope of Recommendation] 4 months to 1 year (Special Intimidation) (Special Intimidation) (General Sentencing) mitigated element: Comparing and evaluating the serious reflect [whether suspended execution is suspended or not] mitigated factors - Where a person commits a crime by carrying with a deadly weapon or other dangerous articles on at least two occasions, the reason for the positive reference - Where a person commits a crime by carrying a deadly weapon or other dangerous articles on at least two occasions - The reason for positive reference - The reason for positive general reference - A person before a suspended sentence - A person before a suspended sentence - A person for positive general reference: A contingency, a serious reflect crime (the decision of a sentence of injury) / the general injury of a person who suffers from a special injury].

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