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(영문) 광주지방법원 2018.06.21 2018고단617
상해등
Text

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

A seized beer-ker-kicker (No. 1) shall be confiscated from the defendant.

Reasons

Punishment of the crime

On January 16, 2018, at E convenience stores operated by D in Seo-gu, Seo-gu, Gwangju on January 16, 2018, the Defendant: (a) sought to drink the victim F (15 years old) If the victim F (15 years old) would do so; and (b) whether the Defendant “I will drink here if there is no governance parents.”

”라고 말하고, 피해자가 항의하자 피해자에게 “ 씨 발 놈 아”, 죽여 버리겠다 “라고 말하며 발로 피해자의 옆구리, 발목 부분을 수회 찼다.

As the Defendant continued to move to another place, the Defendant expressed so-called Maberk-kne (the total length of 15cm and 6.5cm) to the victim, “I kne kne-knee and kne-knee-knee,” and “I am the knife of the knife of the victim coming out of the convenience store, I am the knife of the knife of the knife, and I am the knife of the knife.”

In this way, the defendant brought about the victim with approximately two weeks of medical treatment, resulting in spambling on the left-hand side, and threatened the victim with dangerous articles.

Summary of Evidence

1. The legal statement of the witness F and D;

1. Statement made by the police with regard to F;

1. Written statements of D;

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

1. A written diagnosis of injury;

1. Each photograph (the list Nos. 3, 4, 13-1);

1. Application of each CD-related statute

1. Article 257 (1) of the Criminal Act (the point of harm) and Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, Article 48(1)1 of the Confiscation Criminal Act: (a) Category 4 (Determination in the Place of Recommendation) (Special Intimidation) of the Act on the Punishment of Terrorism [the scope of recommendations] of the basic area / [the scope of recommendations] of six months to one year and six months / [the scope of recommendations] of the general crime / [the person subject to special sentencing] of the Act on the Punishment of Bodi Injury [the scope of recommendations] of the mitigated element of mitigation [the scope of recommendations] of minor injury [the scope of recommendation] of mitigation area of mitigation [the scope of punishment] of two months to one year.

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