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(영문) 광주지방법원 해남지원 2017.06.22 2016고단533
특수상해등
Text

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

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

Reasons

Punishment of the crime

On December 1, 2016, the Defendant collected from the victim D(59) (E) who was in the south Dondon Donndon on December 21, 2016, the Defendant called “E” restaurant operated by the victim D(59) to the drinking condition, and then collected the victim D’s money gas age (21cm in length), which is a dangerous object used by the victim D for the reason that she would have been able to escape from the restaurant.”

".." In order for the victim D to report to 112, the victim F was on the part of the victim F (n, 56 years of age) who entered the main bank, and the victim F was on the part of the victim F (n, 56 years of age).

In this respect, the defendant carried dangerous objects and threatened the victim F with intimidation, and the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles) of the Criminal Act concerning facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles, and the choice of imprisonment);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Application of the sentencing criteria;

(a) Type 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (4 months to 1 year) mitigation area (person subject to special mitigation) (a person subject to special mitigation) for a crime of intimidation;

(b) Application of the standards for handling multiple crimes: not less than four months of imprisonment (the lower limit of the scope of sentence according to the standards for sentencing for the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes in the former part of Article 37 of the Criminal Act, since the crimes for which the sentencing criteria are set and

2. The accused who has been sentenced to sentence has been punished for violent crimes.

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