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Reasons
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(영문) 청주지방법원 2019.10.02 2019고단1587
특수상해등
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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

1. Around June 13, 2019, at around 23:30 on June 13, 2019, the Defendant: (a) took a spawn disease, which is a dangerous object in possession of the victim Category B (B) located in Chungcheongnam-gun, Chungcheongnam-gun, without any justifiable reason, and threatening the victim’s face; (b) “I am spawn, dead.”

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

2. A special injury Defendant listened to the victim E (I am, 49 years of age) who was a customer who had observed the Defendant’s scam in the date and time set forth in the paragraph (a), and at the place, the victim expressed that “I am hys hys hys hys hys hys, hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys, and hys hys hys hys hys hys hys hys hys hysh,

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 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, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the application for compensation order is groundless, since it has not been prosecuted as a crime prescribed in Article 25 (1) of the Act on Special Cases concerning the

1. Six months to seven years from the date of imprisonment with prison labor for the range of applicable sentences under law;

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