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(영문) 광주지방법원 목포지원 2018.09.14 2018고단349
특수상해등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 349] The Defendant committed an indecent act against the victim E (66 years of age) at the D main points located in Sinpo City D around January 18, 2018, around 14:58, at D main points in Sinpo City C, and the victim E (66 years of age)

I think, while not having good appraisal, found the victim, brought about a dispute with him/her, and tried to do so, which is a dangerous thing that he/she had been placed on his/her table, and caused an injury to his/her part, whose number of days of treatment cannot be determined by considering the left side of the victim at one time.

[2018 Highest 483] On May 30, 2018, the Defendant found that he was drunk in a “D” restaurant located in Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo

Accordingly, the defendant interfered with the victim's restaurant business for about 20 minutes by force.

Summary of Evidence

[2018 Highest 349]

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. On-site and a photograph of damage (2018 Godan 483);

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) and Article 314 (1) of the Criminal Act (a point of interference with business and choice of imprisonment with prison labor) concerning criminal facts;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service order, is very high to the defendant who was subject to criminal punishment for the same kind of crime, and the degree of injury of the victim E is relatively heavy. However, the defendant led to the confession of the crime of this case, reflects the fact that the defendant is against himself, and reached an agreement with the victims, and all of the sentencing factors

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