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(영문) 수원지방법원 2017.11.22 2017고단2268
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 17, 2017, the Defendant, at the main point of “E” in the name of “E” located in Ssung City, around 23:30 on March 17, 2017, the Defendant: (a) talked about the victim F (n, 42 years of age) who is a customer in his place; (b) and (c) the Defendant, while talking about the issue of parking of the lending of the Defendant, he sawd the victim’s head, which is a dangerous object, and got off the victim’s head, and caused the victim to undergo a treatment for about 14 days.

2. 특수 협박 피고인은 제 1 항 기재 일시, 장소에서, 제 1 항 기재와 같은 이유로 피해자와 시비가 되어 화가 나 피해자에게 “ 너 하나 죽이는 것은 일도 아니다 ”라고 하면서 위 주점 주방에 있던 식칼 2개를 들고 피해자에게 다가와 피해자를 향하여 식칼을 찌를 듯이 들이댔다.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes governing the treatment of photographs, injuries, diagnostic notes, and 112 reported case;

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

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Suspension of execution under Article 62(1) of the Criminal Act - Circumstances unfavorable to the reasons for sentencing (a favorable consideration of the reasons for sentencing) - The defendant has the record of having been punished for the same kind of crime. The favorable circumstances - the defendant recognizes all the criminal facts. The victim does not reach an agreement with the victim on the punishment of the defendant any longer. The sentence should be imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process in each of

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