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(영문) 대구지방법원 김천지원 2016.12.22 2016고단1328
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. A special injury: (a) around 02:00 on September 18, 2016, the Defendant: (b) expressed the victim’s desire at D main points operated by Kimcheon-si, Kim Jong-si (the age of 51); (c) on the ground that, under the influence of alcohol, the victim does not have a right to fry; and (d) stated that “the victim has a right to bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and (e) went away to the room where the victim franks, and went away to the room where other customers are located, and (e) carried the victim’s right hand hand over; (e) continuously put the beer disease on the above table, which is a dangerous thing, and (e) put the victim’s hand over to open the victim’s hand for seven days after taking a dangerous thing, and (e) put the victim’s hand over.

2. The Defendant interfered with his duties, at the same time, at the same time and place as described in paragraph (1), inflicted an injury on the victim by shouldering beer’s disease as above, and continuously harming the victim’s bar business by force by getting the customers who were on the main points of the incident, such as getting alone the said main points and 30 minutes of talking, and making them potable by drinking, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (referring to cases of attaching photographs), investigation report (referring to the contents of conversation E and telephone conversations), investigation report (Attachment of a medical certificate of injury, body photo, and text message to the closure of text messages), investigation report (referring to the F counterpart investigation of D employees);

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 choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act for probation and community service order are different customers.

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