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(영문) 의정부지방법원 고양지원 2016.06.03 2016고단921
상해등
Text

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

Reasons

Punishment of the crime

1. On January 14, 2016, the injured Defendant: (a) around 20:40 on March 14, 2016, on the ground that “E” operated by the victim D (Woo, 57 years old) located in Seo-gu, Seo-gu, Busan (hereinafter “E”) demanded the cost of singing, etc., the injured Defendant was a trial expense; and (b) the victim was released from the victim’s head debt to the victim’s face to the victim’s face to the victim’s drinking.

As a result, the defendant injured the victim about about 10 days of treatment, such as impairment of saves of face that needs to be treated.

2. Special intimidation: (a) the date and time specified in paragraph (1) and at the place, the victim took a knife knife at the place where the victim was followed by the victim of the victim, and (b) the victim took the knife on the part of the victim and throw away the victim from the police report.

"......"

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing damaged photographs and field photographs;

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

1. In consideration of the following: (a) the first sentence of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Article 38(1)2; and Article 50 of the Act on the Punishment of Concurrent Crimes: (c) the degree of violence and intimidation caused by the Defendant to commit the instant crime is not weak; (d) the degree of violence and intimidation is not weak; (e) it is not agreed with the victim; and (e) it is not visible to endeavor to recover from damage

However, the fact that the defendant has no record of criminal punishment in the Republic of Korea, the defendant appears to reflect the error, and other various sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be determined the same as the order.

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