logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.03.16 2016고단6449
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 7, 2016, the Defendant suffered special injury: (a) at a restaurant of “C” located in Daegu Suwon-gu, Daegu Suwon-gu, Daegu-gu, on the ground that the Defendant’s leakage and victim E (37 years of age) and the injured person drinking alcohol would have sexually cropiced the said D; and (b) at a time when the victim’s face was taken by drinking crogate on the ground that he/she would have sexually cropiced the said D; and (c) he/she transferred the victim’s face to an empty beer who is a dangerous thing at the same time.

Of the facts charged, it is difficult to recognize the part of the facts charged that "the defendant was a shoulderer's face to depend on the victim's face," in light of F's police statements, etc., and it is reasonable to view the part in question to have occurred in the process of unloading the victim's face to be be a

As a result, the Defendant carried an empty beer, which is a dangerous thing, and carried an empty beer, brought about the victim with approximately three weeks of medical treatment.

2. The Defendant interfered with the business of the victim’s restaurant business for about 20 minutes by force by avoiding disturbances, such as the date and time set forth in paragraph 1, at the places set forth in paragraph 1 operated by the victim F, and at the places set forth in paragraph 1, E, as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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 (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following provisions shall be repeatedly considered in light of the favorable circumstances in which the sentencing is considered to be flexible):

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

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall interfere with the business affairs, and the mitigation area (one month to eight months) (the person with special mitigation) shall be the mitigated area (one month to eight months).

arrow