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(영문) 광주지방법원 해남지원 2019.03.28 2018고단380 (1)
특수상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:50 on July 17, 2018, the Defendant suffered special injury: (a) in the “C”; (b) the victim D (20 years of age) was fluencing and drinking alcohol with her natives; and (c) the victim D was fluencing the victim’s right part of the victim’s body twice as the victim’s flucencing part, which is a dangerous object outside the country, she was flucencing the victim’s her hand, she her two flucencing two the flucencing part of the said flucencing part of the victim’s body, she was flucenced on the right part of the victim’s body, and her part of the victim’s body was flucencing two times by having the victim’s flucencing part of the victim’s body twice in need of treatment for two weeks.

2. On July 17, 2018, from around 03:30 to around 05:30, the Defendant obstructed the victim’s restaurant business by force by driving the victim’s restaurant business by driving the victim E for two hours, putting the victim D, without any reason, without any reason, by unfolding the empty baby, destroying the empty baby, protruding the baby, and making the baby fry with a large voice, and causing customers in the place of the disturbance to get out of the disturbance, thereby obstructing the victim’s restaurant business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Each statement prepared by E and G;

1. Written answer (Evidence Nos. 13 of evidence list);

1. Application of Acts and subordinate statutes to photographs (Evidence List 15);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 314 (1) of the Criminal Act concerning the crime (the point of interference with business and the selection of imprisonment with labor);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from July to June;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of the type of special injury;

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