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(영문) 창원지방법원 2015.06.17 2014고단3079
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 26, 2013, the Defendant: (a) around 23:50 on September 26, 2013, 2013, at the Daodong-si’s Sungwon-si’s 1003 (year 41) Operation of the Victim C (hereinafter “C”), the Defendant called the employees to “the president, where he is the president, and the president, d., the room.”

Therefore, it was difficult for the employees to have avoided the disturbance, such as “I cannot stud the studio of the President of the Gu,” “I cannot see the President,” “I cannot do so,” “I cannot do so,” and “I cannot do so.”

On the other hand, the Defendant’s high school ship’s Defendant’s Defendant’s Defendant’s “Iskh. Myn. Myn. Myn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn. Lyn.

As a result, the defendant interfered with the bar business of the victim by force for about 40 minutes, injured the victim by the number of days of treatment, and damaged the victim's awareness of the market price of 200,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, E, and F;

1. Application of Acts and subordinate statutes to 112 reported case list and photographs of site of case;

1. Violation of pertinent legal provisions concerning criminal facts: Violation of Article 314 (1) of the Criminal Act: Violation of Article 257 (1) of the Criminal Act: Violation of property damage and damage: Article 366 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing), which are favorable to the defendant;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 (General Bodily Injury) and the mitigated area (two months to one year) of the general injury (the scope of recommendations) (no person specially punished);

B. The crime of interference with business and the crime of causing property damage according to the standards for handling multiple crimes is an offense for which the sentencing guidelines are not set.

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