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(영문) 수원지방법원 2013.03.27 2013고단409
상해등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

At around 03:10 on July 5, 2012, the Defendant was investigated by the police due to assaulting the victim D (the age of 47) at the night prior to that day, and was able to look at the Furg office in the operation of the victim in Suwon-si E at Suwon-si, the Defendant expressed his desire to “whether she can do so or not, she will do so,” and threatened the victim as if he were in his hand, who was a dangerous object on the receipt book at that place.

Summary of Evidence

1. A statement to the effect that there is a fact that the victim has been punished for any dispute by searching for the victim at the date and place on which the defendant has decided in the first trial protocol of Suwon District Court 2012 High Court 550 cases;

1. Statement of witness D in the second public trial protocol of the Suwon District Court 2012 High Court 550 Case;

1. Statement of the police statement regarding D (Evidence records 43 to 47 pages);

1. Application of Acts and subordinate statutes in Chapter 1 of the CCTV screen: A investigative report (as to the closure of the CCTV screen), nine closures of CCTV screen, and one CD screen;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. The Defendant’s crime of this case for sentencing under Articles 53 and 55(1)3 of the Criminal Act is a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) and the sentence of this case becomes final and conclusive on the 10th of the same month on the 10th of the same month, which led to the instant crime; the Defendant had a number of criminal records of the same kind of crime; the instant crime was committed by the Defendant by the act of proving that the Defendant had been investigated by the police as before the previous day, it is inevitable to render a sentence of sentence in light of the type of the act of intimidation by finding the office of the victim and threatening the victim.

However, as to this case, the defendant has reached an agreement with the victim, and the victim does not want to punish the defendant, and the crime of this case is committed.

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