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(영문) 의정부지방법원 2017.11.22 2017고단4804

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 21, 2017, the Defendant interfered with his/her duties came to the E main points operated by the victim D, the victim D, the Government-Si, on the 19:20 on October 21, 2017, and went to the customer with the desire of the victim without any justifiable reason.

Around 19:45 on the same day, the defendant found the above main points of the second day, and asked customers to take a trial fee, and then find the above main points in around 21:10 on the same day again, he saw the victim as "years and years of this year", and saw the victim as "years and years of this year", and saw the other customers with a success, such as paying a trial fee.

Accordingly, the Defendant interfered with the victim's main business by force.

2. On October 21, 2017, the Defendant: (a) around 21:10, at the main point of the instant E, the victim F ( South, 50 years old) who was a customer and was in drinking alcohol; (b) had the head of the victim with his/her own fire, which was a dangerous object, without any justifiable reason; and (c) continued to have the victim’s face.

As a result, the defendant carried dangerous things with the victim about 2 weeks of treatment, and the victim was suffering from eyebrow medical care.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Written statements of damage under G and D;

1. Each photograph, victim's damaged photograph;

1. A report on investigation;

1. 112 A report processing table;

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

1. Articles 258-2 (1), 257 (1) (a) and 314 (1) (a point of special injury) of the Criminal Act concerning the facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor (limited to interference with business);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reason of sentencing Article 62-2 of the Social Service Order Criminal Act, the lower limit is one year of imprisonment.

2.3. 1.