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(영문) 수원지방법원 안산지원 2016.11.10 2016고단1088

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. 특수상해 피고인은 2015. 2. 18. 21:40경 양산시 C에 2층에 있는 D포장센터의 한 코너에서 술을 마시던 중 다른 코너 주인인 피해자 E(여, 50세)가 피고인 코너의 주인 F과 귓속말로 이야기를 하는 것을 보고 기분이 나쁘다는 이유로 E의 얼굴에 침을 뱉고 “니 내 잘 못 건드렸다. 니 모텔에서 이상한 짓 하는 것 봤다.”라고 말하며 그곳 테이블에 있던 위험한 물건인 유리컵을 들어 E를 향해 던져 E의 우측 손등 부위에 맞추고 계속하여 E의 머리채를 잡아 수회 흔들었다.

As a result, the Defendant carried dangerous things and inflicted injury on the victim E, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant interfered with business by assaulting as mentioned in paragraph (1), at the time and place mentioned in the above paragraph (1), and booming Madle and Madle’s glass cup in which they were living there, and booming her head by causing fraud to prevent customers from having access, thereby interfering with the operation of the victim G package center by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each police officer in relation to E, H and G;

1. Descriptions of a medical certificate;

1. Application of respective visual Acts and subordinate statutes to photographs, glass cup photographs, etc. taken of a damaged site, etc.;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 314 (1) of the Criminal Act concerning the crime (the point of interference with business and the selection of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant, who has failed to apply the sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Act, committed a second offense during the suspension of execution due to the same kind of crime.