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(영문) 서울동부지방법원 2016.06.14 2016고정562
상해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the victim B (24 years) and the victim B (24 years) with a fluor who is fluoring.

1. On January 6, 2016, around 05:15, the Defendant found the victim’s house located in the third floor of the Songpa-gu Seoul building C located in Songpa-gu Seoul Metropolitan Government, and caused the victim’s face to be cut back by hand on the ground that the victim’s face is bad in a short term between the victim and the victim, and continued to talk with the victim’s face of drinking and shot, etc., leading the victim to approximately three weeks of treatment.

2. 특수 협박 피고인은 그 무렵 같은 장소에서 그 곳 주방으로 가 마침 싱크대에 보관 중이 던 위험한 물건인 부엌칼( 칼날 길이 29cm , 총 길이 42cm ) 1 자루를 들고 와 손에 쥔 채 피해자 앞에 다가가며 자신의 말을 듣지 아니할 경우 마치 찌를 것처럼 행동함으로써 피해자를 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A written statement prepared B;

1. The application of Acts and subordinate statutes to damaged photographs, investigative reports (as to the reasons why the kitchen blades used by the principal have not been seized), photographs of the criminal tools, victim photographs, and diagnostic documents;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the selection of fines) regarding the crime, and Articles 284 and 283(1) (the point of special intimidation and the selection of fines) of the Criminal Act;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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