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(영문) 대전지방법원 천안지원 2017.06.15 2017고단568
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On January 12, 2017, the injured Defendant: (a) obstructed the “E” restaurant operated by the victim D (Woo, 60 years of age) located in Asan-si, Asan-si; (b) obstructed with women’s friendship; (c) heard the horses “at the house where another customer is in a restaurant; and (d) caused the injured Defendant to inflict an injury on the victim, such as the pelum dump, which requires approximately two weeks of treatment by hand, by going beyond the victim.

2. The Defendant interfered with the business, at the same time, at the same time, at the same place as the above paragraph 1, and as mentioned in the above paragraph 1, abused the victim, booming the victim’s desire to do so, and frightly 15 minutes of disturbance, such as cutting the visibility on the coffee machine by hand, thereby obstructing the victim’s business by force by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 of the community service order;

1. Scope of punishment recommended in light of sentencing standards;

(a) Crimes 1 (Obstruction of Duties) (Scope of Recommendation) and obstruction of duties; Type 1 (Obstruction of Duties) (Interference with 6 months to 1 June);

(b) A minor injury (a) in the mitigated area (two months to one year) (a special mitigated person) of Type 1 (a general injury) (a special mitigated person) for the general injury of 2 crimes (the scope of a recommended punishment).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years;

2. The determination of the sentence shall inflict an injury on the victim and interfere with the business of the victim, but it is not agreed with the victim, while recognizing the victim's mistake, and there is no record of criminal punishment heavier than the fine, and the age, sex, environment, motive, means of the crime, and means of the defendant's age.

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