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(영문) 춘천지방법원 원주지원 2017.06.19 2016고단1030
특수상해등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. A public prosecution for a special injury was instituted, but the indictment was changed due to the injury.

At around 13:00 on September 18, 2016, the Defendant, in the residence of the victim D (Woo, 38 years of age) located in Won-si, 13:00, she saw the victim by breaking the body and head of the victim into the ward on the ground that the victim was able to ignore her, and then she saw the victim's inside and outside of the ward, and she again saw the victim's head on the head of the damaged her head, and then, she saw the victim's head on the back of the her head, so the victim's head she saw the victim's head to see the victim's her head without knowing her treatment period.

2. A special intimidation: (a) around 13:30 on September 18, 2016, at the same place as indicated in paragraph (1) at around 13:30, the Defendant: (b) carried a dangerous object, such as the victim’s head of the victim’s head, stating that “we need to die; knee kel kel kel kel kel,” and carrying a dangerous object, such as the victim’s head, “I will die if kne knee knee knee (2cm in total; 20cm in length) in the kitchen, knee knee knee knee, and died, and the victim threatened the victim by carrying a dangerous object, such as the victim’s head “I will die if kne kne kne off”.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Articles 257(1) (a) and 284, and Article 283(1) (a) (a point of special intimidation) of the Criminal Act concerning facts constituting an offense, the choice of a fine (the following reasons for sentencing shall be taken into account)

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the defendant was sentenced to two years of suspended execution (the observation of protection and the order to attend lectures for violent treatment) for a special intimidation in six months after the sentence became final and conclusive on October 28, 2015.

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