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(영문) 인천지방법원 2018.04.26 2017고단9450

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Around 22:30 on the same day as Paragraph 1, the Defendant: (a) obstructed the Defendant’s assault as above at around 22:30, at the places indicated in paragraph 1, and 22:56 years old; (b) boomed the Defendant’s assault; (c) boomed the beer’s disease, which is a dangerous object on the table, and boomed the victim; and (d) caused the victim to go against the victim’s hand, etc.; and (c) boomed the victim for approximately two weeks of medical treatment.

2. The Defendant interfered with the “C” restaurant business at the time and place specified in paragraph 1, and interfered with the victim’s restaurant business by force by avoiding disturbance for about 40 minutes, such as assaulting and continuing to speak D as above, causing injury to the victim B.

3. On October 14:08, 2015, the Defendant obstructed the victim’s restaurant business by force by avoiding a disturbance for about 20 minutes, such as: (a) the victim D’s cafeteria operated by Jung-gu Incheon Metropolitan City, on the ground that the victim D does not want the Defendant; (b) the victim D’s cafeteria at the “E” restaurant, which was operated by Jung-gu, Incheon; and (c) throw away the table, which was located therein, from the door to right.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 and 257 (1) of the Criminal Act (the point of special injury) concerning criminal facts, and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special injury);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment: Imprisonment with prison labor for not less than six months but not more than seven years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic and concurrent crimes (a) interference with business affairs, interference with business affairs (special sentencing factors).