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(영문) 대전지방법원홍성지원 2020.10.13 2019고단680
특수상해등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (the age of 66) sent the victim the victim a talk that the Defendant had ‘the Defendant would not perform funeral services due to the Defendant’,’ which was the former denial of the Defendant, who operated the Dda in Boan-si, in the area of Boan-si, residing in Boan-si, the Defendant and the victim B (the age of 66).

1. A special intimidation: (a) around 15:00 on November 9, 2018, the Defendant 15:00, sent a victim by chance at the F cafeteria located in Boan-si E, with approximately 32cm in the length of the kitchen, which is a dangerous thing in the kitchen, and sound that “I will be killed.”

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

2. A special injury and special intimidation: (a) around 16:00 on March 2, 2019, at the F cafeteria as indicated in paragraph (1) of this Article, the Defendant got the victim informed, and (b) took a pipe (1m in total length) which is a dangerous object in the cafeteria and the victim’s left arms at the cafeteria, and continuously cut two times, and continuously sounded the victim with a kitchen (32m in total length) which is a dangerous object in the cafeteria.

As a result, the defendant carried dangerous things with the victim for about 2 weeks, led to an open situation in the part of the following arms and other parts requiring medical treatment, and threatened the victim with dangerous things.

Summary of Evidence

1. Application of three Acts and subordinate statutes to the defendant's legal statement B, G, and H of each police officer's written statement of the defendant, one copy of the damaged part of the statement, three photographs of the upper part of the body, knife, and h

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (the occupation of intimidation and the choice of imprisonment), and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

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. The scope of recommendations according to the sentencing criteria; and

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