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(영문) 대구지방법원 2020.05.07 2020고단510
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

Around 18:50 on December 11, 2019, the Defendant: (a) at the C cafeteria; (b) at C cafeteria; (c) at C cafeteria; (d) on the ground that there was a demand from the victim to return the farming equipment from the victim when the Defendant was in drinking alcohol; and (d) as for the shoulderer’s disease, which is a dangerous object, at the victim’s item, the Defendant was frighted to threaten the victim as if the victim would cause harm to the life or body of the victim if the victim would not withdraw his/her request to return the farming equipment; and (e) at C cafeteria; (e) at D 52 years old; and (e) on the part of the victim, the Defendant took 10 days away from the victim’s 10-day joint scambling and 31 pulbing the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of field photographs);

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Bodily Injury). General injury [Type 1] There is no general injury [special person] [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, April through January 1 (general person) there is no punishment;

(b) Group 2 crime (Special Intimidation) (Special Intimidation). Intimidation [Type 4] There is no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) [The scope of Recommendation and Recommendation] (The scope of Recommendation and Recommendation], the basic area of punishment, April through January 16 (General Intimidation)

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months from two years to three months (the upper limit of crimes No. 1).

3. Determination of sentence - When committing a crime, and reflect on it;

health is good.

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