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(영문) 대구지방법원 김천지원 2018.08.29 2018고단590
상해등
Text

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. On April 18, 2018, at the entrance of Pyeongtaek-si D, the Defendant listened to the horses of requesting the victim F (51) to move the vehicle from the victim F (51) while parking the vehicle at the entrance of Pyeongtaek-si D, and took a look at the issue of parking with the victim and the victim, making the victim's face more than the floor available for drinking, and suffered injury to the victim, by walking the face of the victim more than the floor, and taking the face of the victim more than the floor more than the floor more than 5 weeks, and taking the victim's face more than 5 weeks of treatment.

2. Special intimidation: (a) the Defendant, at the time and place set forth in paragraph (1) at a time and at a place set forth in paragraph (1), was prevented from assaulting the Victim F; and (b) obstructed the Victim’s body as if he would inflict any harm on the Victim, such as the Victim’s bodily injury, by using excessive 20cm in length, which is a dangerous object on the vehicle in the lerails as set forth in paragraph (1).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. Photographs of the victim and the suspect;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for the crime, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. From June to June of the basic area [the scope of recommendations] of the fourth category of intimidation (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (Determination on the territory of recommendations] (Determination on the territory of recommendations), and the basic area of such intimidation [the scope of recommendations];

2. Type 1 (Determination of the Place of Recommendation), the basic area [the scope of recommendations] of the crime of bodily injury [the scope of recommendations] from April to June 1.

3. The result of the aggravation of punishment and recommendation concurrent crimes (the aggravation of punishment for a serious crime) and mitigation thereof: January to June 10.

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