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(영문) 대구지방법원 2020.01.21 2019고정1337

상해등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 25, 2019, around 01:00, the Defendant: (a) followed the table table, which was related to the victim C’s operation D of Daegu Dong-gu, Daegu-gu, and the second floor; (b) followed the table table, which was in a singing room, with the victim’s view to “Is any sound within the last place”; and (c) attempted to avoid disturbance between approximately 3-40 minutes and throw away the table, table, and articles.

Accordingly, the defendant interfered with the victim's singing operation by force.

2. The injured Defendant was faced with the victim E (the age of 40) who was the birth of the above C at the same time and at the same place as the above paragraph 1 above, and was faced with the victim's shoulder, breast, neck and neck tightly pushed down by hand, and the victim's face was taken as drinking.

As a result, the defendant suffered bodily injury around the left eyebrow in which the victim can not know the number of days of treatment.

3. At around 01:21 on the same day, the Defendant: (a) used the transition (a) that is a dangerous object that was in singing with the victim E at a place similar to the above paragraph (1) on the same day; (b) used the victim as the victim, and made it different from the victim; and (c) made intimidation by opening a door and opening the door “the victim,” thereby threatening the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to photographs of the upper part of A and E of a suspect);

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), Articles 284 and 283(1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: It is advantageous to the fact that there have been several times of punishment including the same kind of crime.