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(영문) 광주지방법원 장흥지원 2017.11.23 2017고단161
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around August 12, 2017, the Defendant: (a) around 12:07, the victim D (n, 46 years old) located in the Seoul metropolitan market located in the Nam-gun Seoul metropolitan market; (b) E, under the influence of alcohol, made a assault with the victim by carrying dangerous objects, such as a wooden stick (mix 80 cm in length, diameter 3 cm in diameter) in his/her hand while taking a bath for the victim; and (c) by carrying them with him/her the victim, he/she took a dangerous object, such as double a bridge of the victim; and (d) throwing the victim a drinking water drinking.

2. When the Defendant was assaulting D, such as the date and time, place specified in paragraph 1, and paragraph 1, the Defendant brought the victim’s arms to the victim F (hereinafter referred to as “F”) and brought about the victim’s arms to several times with the above tree stick, the victim’s bridge was cut back several times, the victim’s face was taken one time in drinking, and the victim’s face was taken one time by asking the victim’s end-off by asking the victim for treatment for about 14 days.

3. On August 12, 2017, from around 11:58 to 12:16 of the same day, the Defendant: (a) expressed, under the influence of alcohol, the victim and the victim of the instant case desireed to “Crosta” to “Crosta,” and (b) expressed the victim’s disturbance, such as displaying a tree stick, as described in paragraphs 1 and 2, thereby obstructing the victim’s Schlage’s business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes, such as a medical certificate and on-site photograph (Evidence List 3);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) of the Criminal Act that prescribes the choice of punishment (a special assault, choice of imprisonment with prison labor), Articles 258-2(1), 257(1) (a) of the Criminal Act, and Article 314(1) (a) of the Criminal Act (a interfere with business and choice of imprisonment with prison labor) of the same Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special injury);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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