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(영문) 인천지방법원 부천지원 2013.03.20 2012고단1318 (2)

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. From around 12:30 on August 17, 2012, Defendant C violated the Punishment of Violences, etc. Act (joint injury), and from the Fangu Office operated by E on the eightth floor of the Dong-gu Seoul Special Metropolitan City, Seocheon-gu D Building D, the victim G (35 years old), who was visually impaired in the Kabter, requested Kabter, was refused to request Kab. However, the victim was found to have rejected the request, but C took three times of the victim's face with drinking, and received three times of drinking and four times of the victim's face, and the Defendant collected the part of the victim's head from the back of the Kabter, and caused injury, such as the closure of the 42-day medical treatment and the removal of the body of the victim.

2. The Defendant interfering with business, and C, at the time and place described in the above paragraph 1., assaulted the Victim G, as indicated above, and obstructed the operation of the victim’s massage business by force by avoiding the disturbance, such as setting the direction frame and setting the large line wind.

As a result, Defendant and C jointly inflicted injury on Victim G, and at the same time Defendant and C conspired with each other to interfere with the operation of the victim E’s massage business.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. The police statement of G, H and E;

1. A written diagnosis and written estimate for repair;

1. Emergency medical services log and a certificate of hospitalization;

1. Welfare cards;

1. Application of field photographs, victim photographs and CCTV-related Acts and subordinate statutes;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1), 314 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing of selective sentence of imprisonment [the decision of type] (the general injury [the special person] - the victim (excluding the four types) who is vulnerable to the crime motive (excluding the crime motive (excluding the type 1, 4) of serious factors of aggravation of punishment] 6 months to 3 years (the scope of recommending sentence].