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(영문) 인천지방법원 2017.08.10 2017고단3326

상해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 8, 2017, around 00:10, the injured Defendant was placed in Namdong-gu Incheon Metropolitan City C, 4th floor D, and the victim E, who drinks alcoholic beverages, refused the proposal of the Defendant, and the victim was placed in Tin (Plast) in the middle of the dispute with the victim, and the victim was examined to be appropriate for the back head of the victim.

As a result, the Defendant inflicted bodily injury on the victim, such as head and other open part of the victim requiring treatment for about 14 days.

2. The defendant interfering with business affairs does not sell alcohol to the defendant by the victim F, who is the head of the business at the place where the victim F, who is the mother of a female-friendly woman at the place specified in paragraph (1), is the mother of the past.

As described in paragraph 1 of the defect, it interfered with the business of the damaged person's business by force for about 20 minutes, such as avoiding disturbance by contesting with other customers within the above business establishment, and breaking the flower and beer who was in the above business establishment on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 1 (Obstruction of Business Affairs) of the Reasons for the Sentencing (Scope of Recommendation) of Article 50, Article 1 (Obstruction of Business Affairs) of the Act on the Aggravated Punishment of Concurrent Crimes and Article 2 of the Act on the Aggravated Punishment of Crimes and No. 1 (Obstruction of Business Affairs) [the scope of Recommendation] No. 2 of the Act on the Aggravated Punishment of Crimes and No. 1 (Assault) [the scope of Recommendation] No. 1 of the mitigated area (No. 2 months to 1 year), the mitigated area (a person who has been specially mitigated) [the scope of Recommendation] No. 1 of the Act on the Aggravated Punishment of Concurrent Crimes (a person who has been sentenced to a suspended sentence of imprisonment for one year due to interference with business affairs, and a defendant again committed the instant crime against the same victim without being aware of it during the grace period.

The victim is suffering from a very large mental suffering.

Nevertheless, the defendant is working on the side of the victim.