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(영문) 의정부지방법원 2018.05.17 2016고단4881
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 13:50 on July 29, 2016, the Defendant obstructed the operation of the victim’s real estate office by force, by force, by means of a computer monitor, telephone, and water purifiers located therein to the victim, and thereby obstructing the operation of the victim’s real estate office. The Defendant’s operation of the real estate office by force was obstructed, on the ground that: (a) the Defendant became a director at the room in which the Defendant was living and demanded the victim to submit a confirmation letter in the process of settling the building owner and the settlement through the victim; (b) the victim was refused; and (c) the Defendant’s refusal was accompanied by the victim’s computer monitor, telephone, and water purifiers.

2. The Defendant, at the time and at the place specified in the above paragraph 1, suffered from a fluorous fluorous fluorous fluorous fluor, which is a dangerous object that would be prepared in advance, only once the rear part of the said victim C’s fluorous fluor, and suffered from the victim’s injury to the fluorous c

Summary of Evidence

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes on diagnosis of injury, and photographs of violence tools;

1. Relevant legal provisions of the Criminal Act and Article 314(1) of the Criminal Act (Interference with business, choice of imprisonment, and option of punishment) concerning criminal facts, and Articles 258-2(1) and 257(1) of the Criminal Act (special injury, and choice of imprisonment, etc.);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 (The following favorable circumstances) of the Criminal Act for mitigation of small amount;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for a year and six months to three years.

(a) A minor injury in the mitigated area (one year to six months), one category (any habitual injury, repeated crime, and special injury) (one year and two years and six months) of habitual injury, repeated injury, and one category (any habitual injury, repeated crime, and special injury). (A minor injury in the mitigated area (a special mitigated person)

(b) The scope of final sentence due to the aggravation of crimes No. 2 (Interference with Business) (Interference with Business) (No person who has been subject to special sentencing in June to one year) in the basic area (No person who has been subject to special sentencing in June): one year and six months to three years;

3. Determination of sentence: Imprisonment; and

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