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(영문) 창원지방법원 마산지원 2020.05.08 2020고단244

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 16, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business in the Changwon District Court, and on February 8, 2020, the Defendant completed the execution of the sentence in the Changwon Prison.

1. On March 10, 2020, the Defendant damaged the victim’s property in a singing room operated by the victim C, who is located in the Masan-si Member B, Changwon-si, Masan-si, on the ground that the victim was seated in another table, and was not able to embling him, on the floor, because the victim was laid down a glass balance on the floor of the victim’s table, and continuously damaged the victim’s property amounting to KRW 470,00 by cutting off water purifiers owned by the victim.

2. In the above time and place, the injured Defendant: (a) laid the glass balance of the drinking branch on the floor and broken it out from the victim; and (b) laid the victim’s head, booming the victim’s head, thereby cutting it over to the floor, and then divided the victim’s head, thereby causing injury to the victim, which requires approximately two weeks of treatment.

3. At the above time and place, the Defendant interfered with the business of the Defendant: (a) obstructed the operation of the victim’s singinginging out of the singing room by having the customers, who were drinking on other tables, go out of the singing room; (b) interfered with the operation of the victim’s singinging out by force, such as cutting the glass balance on the floor of the drinking branch as above, breaking it, assaulting the victim

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs, copies of violence against victims, attachment of photographs, 112 reported case processing signs, diagnosis certificates, water purifiers photographs, and photographs of the same product;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

1. Relevant Article of the Criminal Act, Articles 366, 257 (1) and 314 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

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