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(영문) 부산지방법원 2016.09.07 2015고단3417
상해등
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 of the final judgment.

Reasons

Punishment of the crime

1. On March 7, 201, around 23:30 on March 23, 2011, the injured Defendant: (a) committed an injury to the head, the part where the number of days of treatment can not be known, such as an open wife, etc., on the ground that the victim Nonparty E (the spouse, the 28 years of age at the time), who was his/her spouse, was in a dispute with the victim E (the 28 years of age at the time) and the victim was frightened and drinking; and (b) committed an injury to the head, the part where the number of days of treatment cannot be known, due to the head, of the victim’s head, due to the direction-related

2. Around 03:00 on March 8, 201, the Defendant: (a) threatened the victim by taking a dangerous knife, which is a dangerous object stored in the kitchen in the house and the kitchen, by taking the knife of the victim’s side knife and throw away the victim’s knife, on the ground that the victim was under investigation by the police during the above assault case, and became aware of the assault.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Medical certificate and written confirmation of treatment (the defendant asserts that there is no fact that he has threatened the victim with a knife, which is a dangerous object, such as the criminal facts recorded in the criminal facts, but it is evident and consistent that the defendant was threatened with a knife from the defendant as stated in the criminal facts from the investigative agency to this court, and the evidence duly adopted and examined by this court is sufficient to recognize the criminal facts of special intimidation, so the above argument of the defendant is not accepted).

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

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. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Act.

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