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(영문) 광주지방법원 순천지원 2018.01.05 2017고단1851

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 3, 2017, at around 00:50, the Defendant, while drinking two alcohols with two alcohols at “C main points” located in Mayang-si B, was under the influence of alcohol, and the Defendant, at the stage of which the Defendant collected beer disease, which is a dangerous object on his/her customer, and caused two weeks damage to the victim, requiring approximately two weeks of treatment in line with the victim’s head head.

2. Around the above day, the Defendant obstructed the victim’s business for about 30 minutes by force by putting his/her employees F with the above stand operated by the victim E, blicking his/her employees, booming the head of his/her customer who was suffering from a beer disease, bringing his/her desire to other customers, etc., thereby obstructing the victim’s business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. E statements;

1. Each report on internal investigation:

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on photograph description;

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

1. The sentencing conditions under the former part of Article 37 of the Criminal Act, the main sentence of Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes shall be determined as ordered in consideration of the following circumstances and the defendant’s age, sex, state of health, home environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime.

The favorable circumstances: The defendant acknowledges and reflects the crime, and the victims do not want to punish the defendant: there are many violences against the defendant, and there are one time the criminal records of the suspended sentence of imprisonment among them, the defendant again commits the crime of this case without being subject to suspended sentence of imprisonment, and the defendant commits the crime of this case without being subject to suspended sentence of the same kind of crime, and the risk of special injury if considering the implements of the crime and the victim's injury.