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(영문) 창원지방법원 2019.09.20 2019고단1138
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. An injury resulting from special injury and the injured party B (the age of 51) are between the accused and the injured party and the injured party;

On April 22, 2019, at around 20:50, the Defendant, at the main point of “E” operated by D in the window C of Changwon-si on April 22, 2019, engaged in a dispute with the victim while drinking with the victim. The Defendant, as a dangerous object on the table of his/her seat, took several times of the victim’s face with beer, and knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant interfered with the business of the Defendant, at the time and place specified in paragraph (1), obstructed the Defendant’s bar business by avoiding disturbance, such as destroying beer disease while injuring B as seen above, breaking beer disease, and making the customers who were on the main point of the incident get out of the disturbance, thereby interfering with the Defendant’s bar business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement related to B and D;

1. A medical certificate;

1. Application of field photographs, CD-related Acts and subordinate statutes;

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 point of interference with business and the selection of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The circumstances that are disadvantageous: the method of crime is dangerous, the fact that there is the record of punishment for the same kind of crime, etc.: The defendant repents and reflects the wrong, the victims do not want the punishment of the defendant, and the degree of damage is the degree of damage.

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