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(영문) 의정부지방법원 2017.09.27 2017고단3842
상해등
Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant, around 06:00 on July 12, 2017, at the house of the victim D (Woo, 44 years old) of C building 101 in Namyang-si, Namyang-si, the Defendant and the victim met together before that, on the ground that the victim was her home and the victim was her home in advance, saying, “I am at the seat of the victim once in the width.” The Defendant, on the ground that “I am home, I am at the seat of the victim in drinking, I am at the price of the face of the victim in drinking, and then I am at the stroke of the victim.”

Then, the Defendant is going to go away from the Defendant with the mind of the victim, to take the kitchen knife (32 cm in total, 19.5 cm in length) of the victim’s item, and the Defendant is going to go to the victim’s item. The Defendant is going to go to go to the life of the dead and the dead today. The Defendant is going to go to the life of the deceased and today.

The phrase, “,” showed the attitude that would have been detrimental to the body of the victim.

As a result, the Defendant inflicted an injury on the victim, such as cutting a peltos in need of approximately three weeks of treatment, and threatened the victim with dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Written statements of D;

1. Photographs of the victim;

1. Notification to a department related to reporting 112 cases;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Article 257 (1), Article 284, and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, was punished by violent acts against the victim even before the instant crime was committed, and thus, was investigated by the police.

At each time, the injured person has eventually made a letter of tolerance for the accused and has been subject to criminal punishment by suspending prosecution.

Nevertheless, in the process of communicating the victim.

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