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(영문) 의정부지방법원 2018.04.25 2017고단4647
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 4647] Defendant was parked in the B parking lot around 16:15 on September 11, 2017.

C With respect to the time of bus departure from the bus to the victim D (57) who is a bus engineer in the bus, but it was so vaguely informed of the time of bus departure.

In doing the bath theory, “the victim’s neck was pushed down one time with an unbated hand, bating the victim’s bat with his left hand, and batd twice the victim’s face was batd.

While the defendant continued to be out of the bus and the victim who resisted against the above violence, the defendant "I am off the warning because I do not refuse to commit murder," and the victim has reached two times the eyes of the victim due to his own right hand hand away from the warning, and the victim has reached two times.

As a result, the defendant suffered from the victim about two weeks of treatment, such as gympium and gympium around the snow.

On October 18, 2017, the Defendant: (a) obstructed the operation of singing rooms by the victimized person by force by preventing the victim from participating in singing rooms, by blocking the victim from participating in singing rooms in G operated by the Victim F in Sacheon-si, Sacheon-si; (b) preventing the victim from participating in singing services; and (c) preventing the victim from participating in singing rooms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of the body part of the victim, and the field pictures of the case;

1. Relevant Article 257(1) 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 interference with business) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Category 1 (Assaults) (Extent of recommendations) general injury.

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