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(영문) 의정부지방법원 고양지원 2014.10.08 2014고단1628

상해등

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. At around 22:40 on June 7, 2014, the Defendant injured the victim’s face one time as the head of the Defendant’s body, and the victim suffered injury, such as the escape of the baby in need of medical treatment for about 28 days, on the following grounds: (a) at the “E restaurant operated by Goyang-dong C (A. 66 years old); (b) on the ground that F, a daily driver of the Defendant, had been satisfed by the victim G (the age of 45) and the noise from the upper floor, and the victim’s attitude was lost; and (c) on the other hand, on the other hand, the victim suffered injury, such as the escape of the baby in need of medical treatment for about 28 days.

2. The Defendant interfered with the business of the Defendant, at the time and place specified in the above paragraph (1) on the same grounds as G, H, and I, and collected a box, such as having a table, a tenant, a tenant, etc., from the floor several times on the floor, thereby obstructing the victim’s D restaurant business by force by getting the customers of the above restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, I, and H;

1. Written statements of D;

1. Each injury diagnosis letter;

1. Application of statutes on site photographs;

1. Relevant Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant has committed an act of violence again even though he/she was punished as a force of the same kind or kind in the past, and the degree of injury is not less than that of the injury.

However, it is necessary to postpone execution in consideration of the fact that the victims agreed smoothly with the victims and the defendant led to the confession of the crime, and that the defendant is divided, and the family relationship and economic circumstances of the defendant are considered.

It is so decided as per Disposition for the above reasons.