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(영문) 부산지방법원 2019.08.21 2019고단2643
특수상해등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

[Attachment to Repeated] On November 10, 2017, Defendant A was sentenced to imprisonment for a special injury by the Busan District Court for eight months, and completed the execution of the sentence on July 8, 2018.

【Criminal Facts】

1. On April 25, 2019, the Defendants violated the Punishment of Special Injury, Violence, etc. Act (joint violence) requested alcohol to enter a restaurant operated by the victim D (A, 36 years of age) located in Busan Jin-gu, Busan, while under the influence of alcohol on April 25, 2019, but the victims refuse to engage in the business after the end of the victim's operation. However, the Defendant A expressed a breath that "I sway, I am fit with the Busan, or I am unfested with the inside," while taking a bath that "I ambling, I ambling with the victim's left eye, which is a dangerous object on the table, and I ambling the victim's shoulder by combining B with it."

As a result, Defendant A carried dangerous objects with the victim for about 14 days of treatment, and Defendant B assaulted the victim in collaboration with Defendant A.

2. In the time and place indicated in the above paragraph 1, Defendants A was able to gather the office fixtures on the floor in a restaurant, and Defendant A was able to take the said table back to the floor, followed the said table, and take a bath for the victim and the customers, and Defendant B was also able to take a bath to the victim by combining the above table. Defendant B was able to avoid disturbance for about five minutes, such as putting the victim and the customers a bath.

As a result, the Defendants conspired with and by force interfered with the victim's operation of the restaurant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. CCTV video CDs;

1. Previouss before ruling: Criminal history records, replys, and application of Acts and subordinate statutes to investigation reports (A confinement information);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 258-2(1), 257(1) (a) of the Criminal Act, and Article 314(1) of the Criminal Act.

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