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(영문) 인천지방법원 2013.10.08 2013고단5287
상해등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On August 9, 2013, at around 21:00, the Defendant: (a) expressed that his cell phone does not exist within the main point of “E” operated by the victim D located in Nam-gu Incheon Metropolitan City, Nam-gu; and (b) made it difficult for the Defendant to fall down on the floor of the smuggling by hand, such as calculating machines, telephone machines, and card payment machines on the Kabter.

On the other hand, the Defendant continuously obstructed the victim’s main duties by force by putting customers out of the main room, such as putting scams and scams, scambling scams, which were scambling, and falling off on the floor by placing scams, such as the dispute scamblings, which were on other tables, on his hand.

2. In the time, at the place, as described in Paragraph 1, the Defendant injured the victim at the time, and at the place, as described in Paragraph 1, and the victim was flicked with the victim who was flicked, and the victim was flicked with the table by hand, thereby causing the victim to inflict an injury on the victim at a click clum and tension which requires a medical treatment of approximately one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of statutes on field photographs;

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. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include several occasions of punishment for the same kind of crime. However, all the same records are punished by a fine, the fact that the defendant's mistake is divided, the degree of injury to the victim is not relatively heavy, and the degree of injury to the victim is not simply agreed with the victim. Other circumstances, including the defendant's age, character and conduct, environment, and circumstances leading to this case, are determined as ordered by the order.

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