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(영문) 수원지방법원 2017.10.27 2016고단5862
특수상해등
Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2016, at around 07:40, Defendant A, while drinking alcohol together with the victim B (38 tax) at a restaurant located in Suwon-gu Suwon-si, Suwon-si, Defendant A, while pushing in a dispute with the victim B (H), was pushed in the breath of the victim’s breath, carried the victim’s breath, and carried the breath’s disease, which is a dangerous object in the restaurant cooling-gu, on the floor of the restaurant, carried the breath of the victim’s breath, bat, face, shoulder, etc., and carried the victim’s fat, bat of the victim’s body, the victim’s face, and the body was fatd with the number of days of treatment.

2. At the time and place specified in paragraph 1, Defendant B, while engaging in a dispute with the victim A (50) as above, made the victim’s face, body, satisfy, and made the victim’s end at one hand, which is a dangerous object, in a satisfyed form, three times the victim’s body was displayed, and the victim’s face was inflicted an injury, such as catfying the victim’s body in the number of treatment days.

3. From June 1, 2016 to June 1, 2016, the Defendants conspired to commit the crime and interfered with the victim’s restaurant business by force by evading the disturbance through the following: (a) at the restaurant specified in paragraph 1 operated by the victim I; (b) shouldering the alcohol disease; and (c) gathering the cream.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made by the police to J;

1. A written statement of I;

1. On-site photographs;

1. Two CCTV CDs;

1. (B) the application of Acts and subordinate statutes on medical records and new data of the Council (A medical record reply);

1. Articles 258-2 (1), 257 (1) (a point of each special injury) and 314 (1) and 30 (a point of interference with each business and choice of imprisonment with prison labor) of the Criminal Act concerning the facts constituting an offense under the relevant provisions of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Article 62-2 of the Criminal Code of the community service order [Defendant B and the defense counsel] of the Criminal Code . The use of the defendant's leather belt is the assault by using the defendant's shoulderer disease.

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