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(영문) 제주지방법원 2019.07.22 2019고단601

특수상해등

Text

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

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

Reasons

Punishment of the crime

1. At around 02:25 on February 23, 2019, the Defendant: (a) while drinking alcohol at the “C” store located in Jeju-si, Jeju-si, with the victim D (n, 48 years of age); (b) on the ground that the Defendant was suspected of having caused the victim’s fluence, the Defendant, despite the absence of the fact that the Defendant and E had the victim paid the fluences, caused the fluor’s disease, which is a dangerous object on the table, to put the victim into the floor; (c) continued to put the victim at the face of the victim who was fluenced with the dangerous substance on the table; and (d) put the victim into the face of the victim, resulting in an injury, such as the closure and glusing of the body of the victim, which requires treatment for about six weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. On February 23, 2019, from around 02:25 to 02:40 on the same day, the Defendant obstructed the victim’s main store business by force by avoiding a disturbance, such as shot B from the “C” store in Jeju-si, operated by the victim F, for the same reason as that set forth in paragraph (1), and by making the stop B, the Defendant stop the stop, etc., drinked, and obstructed the victim’s main store business by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A written statement in F and G preparation;

1. Application of Acts and subordinate statutes to search and seizure records, list of seizure, relevant photographs, investigation reports (to attachCCTV image data and photographs), investigation reports (to attach a diagnosis of the victim D), investigation reports (to attach photographs of the receipt, etc. of truth-finding by the suspect), investigation reports (to attach photographs of the victim);

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. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;