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(영문) 대전지방법원 공주지원 2017.08.25 2017고단184
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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. Around June 2, 2017, the Defendant: (a) around 21:45, the main point of “D” operated by the Victim C (Y, 52 years of age) on the top of B and 1 underground level; (b) while the victim had a horse dispute with the victim on the ground that he/she had taken his/her examination, he/she saw the beer’s disease, which is a dangerous object on the table bable; and (c) laid the head of the victim one time, caused the victim to take approximately two weeks of treatment.

2. The Defendant interfered with his duties, at the same time and place as Paragraph 1, and at the same time and place as the Defendant mentioned in Paragraph 1, followed the victim’s resistance, intending to see another beer and beer the victim, and hinging the victim with sound, etc., leading the customers who fright to drink at the same place to go out of the main place.

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of an injury diagnosis certificate, on-site photographing statute;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (Interference with business affairs 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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Second crimes (special injury) for which the sentencing criteria are applied: Imprisonment with prison labor for at least one year; a person who has no basic area (from June to January to June) (no person subject to special sentencing) within the basic area ( from June to June): A person who has committed a crime subject to multiple offenses for which the sentencing criteria are not set; a person who has committed a crime subject to multiple offenses for which the sentencing criteria are not set;

2. The Defendant is in need of strict punishment, as he could bring about a serious result to the victim’s head due to the beer and beer who is a dangerous thing.

However, considering the fact that the defendant is the first offender, is confessioned, and is against depth.

The defendant's age, sex, health, and so on.

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