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(영문) 전주지방법원 2015.12.17 2015고단1695
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 21, 2015, the Defendant: (a) around 23:00 on September 21, 2015, at C restaurants located in Yansan-gu, Yansan-si; (b) the Defendant attempted to talk with the victim D (V) who is an employee, but did not keep the victim; (c) but (d) the kitchen 2 (31cm in length, 32 cm in length) which is a dangerous thing in the kitchen and said that the Defendant would be “brupted” to the victim.

Accordingly, the defendant carried two kitchens, which are dangerous things, and threatened the victim.

2. The Defendant, at the same time and place as D’s husband at the same time and place as D’s in the preceding paragraph, took witness of the victim E (the disabled in second degree) who was the second degree of brain disease with the victim’s husband and took a knife of the defendant, and knife the knife called “sick knife”, and knife the face of the victim knife at that place, and knife the victim’s face and head 20 times, and knife the victim’s face and head knife the victim’s face and head knife the victim’s face and head knife the victim’s knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant assaulted the victim E and inflicted an injury on the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 284, 283(1) of the Criminal Act that choose a penalty, Articles 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 257(1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment and Aggravation of Crimes concerning the most severe Crimes) shall be applicable;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

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