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(영문) 춘천지방법원 원주지원 2015.09.01 2015고단490
상해등
Text

A defendant shall be punished by imprisonment for six 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. On May 29, 2015, the Defendant: (a) around 20:05, at the “D” store operated by the victim C (n, 59 years old); (b) on the ground that the victim talks with E, the Defendant living together with the Defendant, the Defendant was able to fluorize the victim’s head head, fluence, damage the victim’s head, etc.; and (c) on the ground that the victim’s head, fluoring the victim’s head, and fluoring the victim’s head, fluoring the victim’s head,

2. At around 10:55 on May 30, 2015, the Defendant obstructed the victim’s store’s business operation by force by forcing the victim to avoid disturbance over about 15 minutes, and causing damage to another place, thereby obstructing the victim’s store’s business operation by force. Around 10:55, the Defendant obstructed the victim’s business operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A medical certificate;

1. Application of the photograph of the case, victim injury photograph statute

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 314 (1) of the Criminal Act (the point of obstruction of business) 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;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture [the scope of recommending punishment] The sentencing criteria for the crime of interference with business was not set at the time of the prosecution of this case. Thus, the lower limit of the sentencing guidelines for the crime of injury should be observed.

In general, there is no basic area (Article 1: 4-1 and 6) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1 of the General Injury: Imprisonment with prison labor for 6 months, suspension of execution, 2 years, probation and order to attend a lecture: The defendant has already been punished as violence several times, but again committed the crime of this case, and the victim is punished.

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