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(영문) 전주지방법원 2017.05.11 2017고단435
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. Special intimidation;

A. On May 2016, the Defendant threatened the victim with “the dead person” by putting blades (34 cm in total length, 21 cm in length) on his/her book on the ground that the victim F (38 cm in Seoul Special Metropolitan City) did not repay his/her debt at the Seoul Special Metropolitan City D’E office.

B. On July 2016, the Defendant, at the office described in the foregoing paragraph (a) around July 2016, put back blades (34 cm in total, 21 cm in length) on his/her book on the ground that the victim did not repay his/her obligation, and threatened the victim with “the dead person”.

Accordingly, the Defendant carried a knife and the camping net, which is a dangerous object, and threatened the victim.

2. In the office described in paragraph 1 of January 1, 2017, the Defendant: (a) made the Victim F (38 tax) lose his/her obligation on the floor in which the Victim F (38) did not repay his/her obligation; and (b) made the Victim B (hereinafter referred to as the “ Victim F (38 tax”); and (c) made the Victim B (71cc in total length) turn his/her tack with his/her tacks.

As a result, the Defendant carried dangerous objects with the victim about two weeks of treatment, and placed her m, butther, which requires treatment, so far as he/she got out of blood.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

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

1. Police seizure report and investigation report (the confirmation report of the place of crime related to special intimidation against victims);

1. Photographs of seized articles (the fact set forth in judgment No. 2);

1. Statement by the defendant in court;

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

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs (influences, CCTVs);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1) and 257 of the Criminal Act (a point of special injury), Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special injury);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on the Mitigation of Small Quantity mitigated (Article 53 and 55 subparag. 1 subparag. 3).

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