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(영문) 광주지방법원 2017.11.16 2017고단3746

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

On February 15, 2017, the Defendant: (a) around 04:10, on the ground that the victim D does not send a female employee while drinking alcohol at 2 studs operated by the victim D in Seo-gu, Seo-gu, Gwangju, on the ground that he did not send it to the female employee; (b) broken the beer disease and breaking it on the wall, and breaking it into the studs; (c) the victim’s neck with the beer disease flicked the part of the victim’s flick, thereby flicking the part of the victim’s flick; (d) the victim’s chest and flick with the wall, was pushed the victim’s chest and flick with the wall; (d) the victim flicked the flick; and (e) the victim flicked the flick with the wall and flicking part of the victim’s chest; and (e) the victim flicked part of the victim.

As a result, the Defendant carried a shoulder beer and stoves, which are dangerous objects, and inflicted injury on the victim, such as stoves of the wall in a stove for treatment days, and then interfered with the victim's main business over about 40 minutes by force, and damaged a so-called 1,620,000 won which is the victim's possession.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made to F or G by the police;

1. A medical certificate;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury), Article 314 (1) of the Criminal Act (a point of interference with business, choice of imprisonment with prison labor), and Article 366 of the Criminal Act (a point of damage to property and choice of imprisonment with prison labor) concerning facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act - The defendant was punished by a fine due to a crime of violence, and there are several occasions the records of resulting in a crime of violence - the defendant's act is in danger of causing serious harm to the victim.