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(영문) 서울서부지방법원 2013.04.24 2012고단2303
상해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2012, at around 00:10, the injured Defendant: (a) on the premise that the victim C (the age of 41) who was a female living together (the age of 41) took money from the Defendant’s dwelling in Mapo-gu Seoul, Mapo-gu B and 102, and (b) took care of the victim’s body on the premise that “the victim was frighter,” and said, “the victim was frighter, frighter, frighter, frighter, frighter, and frighter, frighter the victim’s face, and frightened two times by hand, the victim’s body was threshed with the victim’s body that requires two-day medical treatment.

2. The Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) committed violence against the victim C at the same time and at the same place as in the preceding paragraph, as in the preceding paragraph, and the Defendant took a kitchen knife (32 cm in total length, 20 cm in knife) which was a deadly weapon in the kitchen, which had been in the state of the Defendant’s mother at his own discretion, and threatened the victim with the kitchen knife, and threatened the victim with the knife by the knife of the kitchen knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs, seized articles and photographs of the upper part of the victim C;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation to carry a deadly weapon);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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