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(영문) 대구지방법원 2016.08.25 2016고단2814

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2016, the Defendant suffered special injury: (a) around 19:40 on the 19:40, Daegu Suwon-gu B and C’s “D party room”; (b) on the part of “D party room” operated by the Defendant, the Defendant left the victim E and the party room and brought about disputes with intent to not pay the relevant game expenses; (c) on the part of the victim, the Defendant came to go beyond the victim’s sealed floor, and (d) on the part of the victim’s head, “Irre the Plaintiff’s head,” and (e) on the part of the victim’s head, and (e) on the part of the back part of the victim’s head, “Irre the Plaintiff’s head,” and (e) on the part of the victim’s face by drinking 10, 100.

Accordingly, the defendant carried dangerous articles and carried a head cover with which the number of days of treatment can not be known to the victim.

2. The Defendant damaged property at the time, at the place specified in paragraph 1, and at the same time and place, as set forth in paragraph 1, when he saw E, he saw one tree donor and one tree donor who owns the victim C, and continued to ask the victim with his hand, who is the victim’s possession, and thereby making it unusable.

Accordingly, the defendant damaged each property owned by the victim or damaged its utility.

3. The Defendant, who interfered with business, was in the place specified in paragraph (1) from around 19:40 on April 27, 2016 to around 20:40, and was in the same manner as described in paragraphs (1) and (2), and carried out a disturbance, such as wrapping with E, and attaching tree depositors, etc.

Accordingly, the defendant conspired with E and interfered with the victim C's operation of the party hall by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (A, attachment of a written agreement, attachment of a diagnosis certificate, attachment of a photograph of the body of the suspect E, confirmation of the size of a tree table used for committing a crime);

1. Relevant Article 258-2(1), Article 257(1) (a) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 314(1) and 30 (a) of the Criminal Act (a point of interference with business and punishment by imprisonment);