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(영문) 전주지방법원 2017.12.21 2017고단1852
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 17, 2017, the Defendant suffered special injury: (a) around 04:20, the Defendant was a beer’s disease, which is a dangerous thing in the relevant location on the ground that the injured person, while drinking alcohol together with the victim D(55) in the Yansan-si Seoul Metropolitan City, 204 Dong 107, 204 and 107, had a head or other open part of the victim, which requires approximately two weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. A special intimidation Defendant, at the location of No. 17:05 on the same day as Paragraph 1, 1, 7:05, 17:00 and 17:05, the Defendant ran the victim with the metal tool (32cm in length, 1cm in thickness) that is a dangerous object for the reason that the victim did not receive the above notification even though the victim did not receive it. As such, the Defendant would die.

“The purport was to the effect that “.....”

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

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Voluntary accompanying reports and internal investigation reports of persons suspected of special assault;

1. Application of Acts and subordinate statutes to each photograph and diagnostic document;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (recognisive circumstances among the following grounds for sentencing) of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from July;

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

A. 1 Crimes: Special intimidation (a) type 4 (Habitual, Cumulative, Special Intimidation).

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