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(영문) 서울중앙지방법원 2016.09.29 2016고단4259
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Victim C(M, 64 years old) is the mother of the defendant, the victim D(M, 22 years old) is the female of the defendant, and the victim E(S) is the child of the defendant.

1. On February 20, 2012, from around 21:00 to 22:00 of the same day, the Defendant: (a) took a bath to the victim E who was divingd from the stairs between the second and third floors of the Seocho-gu Seoul Seocho-gu F loan; and (b) made the victim take a stairs outside the house, and (c) took the victim’s face and head blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blue blu

2. On April 6, 2014, at around 23:00, the Defendant, while under the influence of the FF lending No. 301 on April 6, 2014,: (a) breaddd the victim D, to see, sound, and string the victim’s left hand; (b) knife the victim’s loss to the victim, and (c) knife the victim’s loss to the victim without any damage to knife the victim’s treatment days; and (d) knife the victim’s hand.

3. In around 16:00 on May 13, 2016, the Defendant: (a) demanded the victim C to transfer the ownership of the house in F lending No. 301; (b) took the kitchen, which is a dangerous thing in the kitchen; and (c) took the kitchen on the victim C’s chest, and threatened C with the victim C’s chest, “I will promptly take the name of the house in the future, with KRW 1.5 million.”

Accordingly, the defendant threatened the victim of his lineal ascendant with the kitchen knife, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in C, D, and E;

1. Each investigation report (to attach a medical certificate related to special injuries in victim D, and to hear statements related to special injuries in victim D);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257(1) of the Criminal Act applicable to the crime (the point of injury), Article 258-2(1), Article 257(1) (the point of special injury) of the Criminal Act, and Articles 284 and 283(2) of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor for the crime of elective bodily injury and the crime of intimidation in special existence;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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