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Reasons
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(영문) 제주지방법원 2016.06.24 2016고단766
특수상해
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A defendant shall be punished by imprisonment for not less than eight months.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On July 2014, the Defendant entered the Republic of Korea as a visiting employee and resides in the Republic of Korea after being registered as a foreigner, and the Victim C (60) is a person who does another work and employs the Defendant as his father for the 12-day period from March 2016 to March 28, 2016.

As seen above, Defendant 1 got paid KRW 3 million on behalf of the victim, but did not pay wages on the ground that the victim did not receive the payment from the construction company, using a food knife (total length of 30cm and 20cm in length in knife) that used in the Defendant’s lodging room, which used the food knife (total length of 30cm and knife length of 20cm).

On May 4, 2016, the Defendant: (a) placed the knife knife in the backer part of the victim’s house located in Seopopopo City D on May 4, 2016, in order to threaten the victim; (b) found the victim; and (c) demanded again the victim to pay the knife; (d) however, the victim again demanded that the knife knife knife knife knife knife knife knife kn

In addition, the victim went away from play, and 20 meters away from the place, and knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A statement prepared by the F;

1. Photographss and photographs of injuries related to seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. As to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the court recognizes the facts of crimes that are favorable to the determination of the sentence as ordered by considering the following circumstances.

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