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(영문) 서울중앙지방법원 2019.01.10 2018고단5617

특수상해등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around 23:55 on July 25, 2018, the Defendant injured the victim C(28 years of age) of the first floor underground in Gangnam-gu Seoul, Seoul, on the main point of “D” where the victim C(28 years of age) works as an employee, on the ground that he does not control the music claimed by the victim, he collected beer residues on the face of the victim, which is a dangerous thing on the customer’s face, on the ground that he does not take the music claimed by the victim, and caused the victim’s injury by taking two times into account the victim’s face face part, such as a soft, which requires approximately three weeks of treatment.

2. The Defendant interfered with the business of the victim’s bar business by force, such as the date and time set forth in paragraph 1, and at a place set forth in paragraph 1, the Defendant laid the beer mar and broken the beer mar, and the large amount of the disturbance, i.e., “h., Chewing,” and “h., m.

Summary of Evidence

1. Defendant's legal statement;

1. C Witness’s testimony;

1. Application of Acts and subordinate statutes to medical certificates, photographs of the victim's assault part, and CCTV images viewing results;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 314 (1) of the Criminal Act concerning the crime (the point of interference with business and the selection of imprisonment with labor);

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

1. Article 59 (1) of the Criminal Act (limited to imprisonment for not less than six months, serious reflectivity, absence of penalty exceeding a fine, agreement with the victim, source of punishment not to punish the victim, age, character and conduct, occupation, family relationship, circumstances after the crime, etc.);