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(영문) 부산지방법원 2019.10.15 2019고단4313
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 6, 2018, the Defendant was sentenced to imprisonment with prison labor and four months at the Busan District Court on April 6, 2018, and completed the execution of the said sentence on March 17, 2019.

The defendant and the victim B(n, 31 years of age) are three years of teaching restriction relationship.

1. On September 12, 2019, around 13:25, 2019, the injured Defendant: (a) reported that the victim was trying to leave the said house by saving his or her relation with the victim in Busandong-gu C apartment D; and (b) reported that he or she was faced with the victim’s face; (c) taken the victim’s knee, knee, kneel, kneel, and kel, etc., from drinking to walking the victim’s face; and (d) placed the victim’s kne, knee, kne, and kel in need of approximately three weeks’ treatment.

2. The Defendant, at the above date and at the above time and place, threatened the victim by taking the door door out of his house, locking the door door, taking a knife (33 cm in total length, 21 cm in knife) from the kitchen, and cutting the knife of the victim’s chest, and raising the victim’s chest, and threatening the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. The police seizure record and the list of seizure;

1. A criminal investigation report (referring to a report submitted with a diagnosis report of a victim);

1. Previous records: Application of criminal records, etc. and investigation reports (related Acts and subordinate statutes, such as repeated crimes);

1. Relevant Article 257(1) of the Criminal Act; Articles 284 and 283(1) of the Criminal Act; the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and the elements of repeated crime and special intimidation (Special Intimidation) (Special Intimidation): Reduction area of punishment [Recommendation area and Recommendation range] mitigated area, and two months to one year; and

(b) Second crimes (determination of types) and violent crimes;

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