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(영문) 수원지방법원 2017.09.22 2017고단4728
특수상해
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 26, 2016, Defendant A, at around 19:30 on September 26, 2016, the Defendant her drinking and spawn with spawns in front of “D” main points of “D” located in Suwon-si, Suwon-si, and the Defendant her drinking and spawned, on the ground that the victim B (48 years of age) who was under way her drinking spawned, and she fladdd with the victim’s inside part at the time of fraud, which is a dangerous object on the customer’s face, and caused the victim to suffer approximately four weeks of medical treatment.

2. Defendant B

A. At the time and place set forth in the above paragraph 1, the injured Defendant was assaulted from the victim A (51) as described in the above paragraph 1, and was flicked, and flicked from the victim A (51), and flicked the victim's clothes from several times due to the outbreak, and flicked, etc. of the right upper wall that requires approximately two weeks medical treatment.

나. 특수 협박 피고인은 2016. 9. 27. 09:30 경 수원시 권선구 E에 있는 ‘F’ 카센터에서, 위험한 물건인 맥주병 1개를 들고 피해자 A에게 다가가 “ 내가 어젯밤 뭘 잘못한 것인지는 모르겠지만, 네 가 나를 이렇게 했으니, 너도 나와 똑같은 상태가 된 후에 다시 이야기를 하자 ”라고 말하면서 위 맥주병으로 피해자를 때릴 듯이 휘둘러 피해자를 협박하였다.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to B or A by the police;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury (or 4 weeks of diagnosis, inner part), and a medical certificate of injury (or 2 weeks of diagnosis, and a scarkes of the right plekes);

1. Defendant A of the pertinent legal provision relating to the facts constituting an offense: Articles 258-2(1) and 257(1)2 of the Criminal Act: Defendant B; Article 257(1) of the Criminal Act (the point of injury) and Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act; and each choice of imprisonment;

1. Aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. On the grounds of sentencing of Article 62(1) of the Criminal Act of the suspended sentence, Defendant A, on the grounds of sentencing, shall not be deemed to have inflicted an injury on dangerous articles, but shall have exceeded the fine.

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