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(영문) 대구지방법원 2020.12.17 2019고단566
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On January 28, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) at the Daegu District Court, and completed the execution of the sentence at the 1st prison of North Korea on March 3, 2017.

【Criminal Facts】

1. On September 25, 2018, at around 21:16, the Defendant interfered with the business of the Defendant: (a) on September 25, 2018, on the ground that, while drinking alcohol in the “D” operated by the Victim C in Daegu North-gu, Daegu-gu, it would interfere with the passage of the chair who is behind him/her; (b) it would interfere with the operation of the victim for 1 hour by force during the time when he/she was sitting at the same time. This chrop refers to the flap head, the flap head, the flab, the flab, the flab, and the voice return to the restaurant; (c) the flab; and (d) the employee E flab, the flab, and the flab, etc., on his/her table, had interfered with the victim’s business by force for 1 hour, including the flab, following the said table.

2. The Defendant destroyed and damaged property by breaking a tables at the time and place specified in paragraph 1, as described in paragraph 1, thereby destroying alcohol residues equivalent to KRW 158,910, a sum of the market prices owned by the victim, as stated in paragraph 1.

3. At the time and place specified in Paragraph 1, the Defendant, as indicated in Paragraph 1, had a victim E (the 19-year-old age), who is an employee, go against the victim’s hand by cutting off the tables, such as bags and alcohol, on his/her tables, and let the victim go against the victim’s hand, and caused approximately two weeks of medical treatment.

Summary of Evidence

1. Each police statement of E and C;

1. A medical certificate;

1. Written estimate;

1. A report on internal investigation (limited to DNA CCTV images and caps photographs);

1. Previous records of judgment: Criminal records, references to criminal records, amounts of dispositions, reporting on results of confirmation, investigation reports (Attachment to the same type of judgment, etc.), written judgments, summary orders and personal confinement status shall be applied by one Act or subordinate statute;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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