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(영문) 수원지방법원 성남지원 2019.08.28 2019고단1337

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, for two years from the date this judgment has become final.

Reasons

Punishment of the crime

1. On April 24, 2019, the Defendants, at the same time, interfered with the business, interfered with the operation of the victim’s main points by force by avoiding the disturbance between about 40 minutes, such as making the victim not to sell alcohol to the Defendants in the “E” under the victim D management of the victim D, which is located in Seongbuk-si, Seongbuk-si, Sungnam-si, and Seongbuk-si.

2. The Defendants violated the Punishment of Violences, etc. Act (joint injury) jointly and at the time and place specified in the preceding paragraph, and on the grounds that the Defendants’ act of disturbance as described in the preceding paragraph was committed by the victim F (57 years of age) who was the customer, Defendant A was charged with the victim’s face by keeping the victim’s neck in his/her hand, taking the victim’s face as his/her hand, and Defendant B committed an injury to the victim, such as the victim’s harming the victim, going beyond the victim’s tightly and driving the victim’s face, thereby causing approximately five weeks of treatment on the left-hand left-hand balance of 4 weeks.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of D and F;

1. Photographs of the damaged site;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The Defendants: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Articles 314 (1) and 30 of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Punishment of Violences, etc. Act (Determination of Punishment of Violences)] [Attachment 1] General Bodily Injury [Special Bodily Harm] - mitigated elements: In cases where punishment is not imposed (including serious efforts to recover damage), or considerable partial damage has been recovered (the area of recommendation and the scope of recommendation] mitigated area, two months to ten months of imprisonment;

(b) Second crime (a determination of type of business) interference with business. < Amended by Presidential Decree No. 17218, Jan. 1, 201>