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서울서부지방법원 2018.05.29 2018고단992

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 26, 2017, around 04:15, the injured Defendant: (a) referring to a “Ding singing room” operated by the victim C (the age of 52) on the second floor of Eunpyeong-gu Seoul Metropolitan Government (the age of 52); (b) believed that he/she had been aware of the victim’s her pet, and attempted to satise the alcohol contained in the victim’s face; and (c) sought to satise the victim’s satis, and satise the victim’s satis; and (d) inflicted an injury, such as satisfeing, which requires treatment for about 15 days when he/she can bread the victim’s sat.

2. The Defendant interfered with the performance of duties and the damage of property: (a) expressed in paragraph (1) at the time and place; (b) at the victim’s time and place; (c) expressed the victim’s pact with the large sound; and (d) filled by a stud, such as a biter, bitch, fright, etc., to the biter; and (c) interfered with the victim’s singing business by force; (d) interfered with the victim’s singinginging business by letting the victim out of the shop without engaging in singing business; and (e) damaged the victim’s singing of the house equivalent to one million won in total at the market price, such as the fishery harbor, card calculating machine, and singing time adjusting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. A report on occurrence (violation of the Punishment of Violences, etc. Act), internal investigation reports (related to telephone communications by shots), internal investigation reports (related to the analysis ofCCTV), and investigation reports (Submission of a written diagnosis of victim C injury);

1. Application of Acts and subordinate statutes to photographs of victims of on-site damage;

1. Relevant legal provisions 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), Article 366 of the Criminal Act (the point of damage to property) and the choice of imprisonment with prison labor for the crime;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 Crimes (Assaults) [the scope of recommending punishment] general injury (hereinafter referred to as general injury) and the mitigated area (2 months to 1 year) [the person who has been specially mitigated] Punishment Non-members (a serious effort to recover damage).