beta
(영문) 서울북부지방법원 2017.11.22 2016고단3142

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2016 Highest 3142]

1. On June 25, 2016, at around 10:00, the injured Defendant read a newspaper that is displayed at a convenience store in Seoul, China-gu without calculating at the convenience store, and took place from the victim D ( South, 44 years old), and caused injury to the victim by assaulting the victim, such as taking a hand-on face of the victim’s left face at several times and taking away the products on display at that place.

2. The Defendant damaged two chemical parts on which the market price on the victim’s stock is unknown at the above time and place, and the plastic tobacco advertising board, etc. was damaged.

[2016 Highest 3407] On July 30, 2016, the Defendant completed meals at the 'F' restaurant located in Jung-gu, Seoul, Jung-gu, Seoul on July 30, 2016, and requested the payment of the food cost to the victim G (n, 55 years old) who is an employee, and there is no money now.

C. We have species and telephone numbers, and the thickness.

Does it be a day-to-day.

This is how much we can we see...." Dow we interfere with the victim's restaurant business by force, such as avoiding disturbances between about 20 minutes and preventing other customers from entering.

Summary of Evidence

[2016 Highest 3142]

1. Written statements of D;

1. On-site photographs;

1. A written diagnosis of injury (2016 high group 3407);

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to June 10;

2. Two crimes, the scope of the recommended punishment according to the sentencing guidelines, for which no basic area (from June to one year and six months) (special sentencing factors) exists (Article 6 to one year and six months), shall be limited to the scope of the recommended punishment [the scope of the recommended punishment].