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(영문) 창원지방법원 통영지원 2017.07.21 2017고단452
상해등
Text

A defendant shall be punished by imprisonment for six 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 August 24, 2016, the Defendant who interferes with his/her duties does not receive a drunk customer from the victim in the E-gu of the victim D operation of the victim C and the second floor on August 24, 2016, and the victim does not receive a drunk customer.

The defect gets off a polym, walking a polym, walking a polym, bump to customers with the large interest of “dump laddum laddum ladum ladum ladum ladum ladum”, bump ladle of the victim who has avoided this, and then threaten other customers as bum ladle.

Accordingly, the defendant, by force, interfered with the business of the party room of the victim for about 20 minutes.

2. On August 25, 2016, the Defendant: (a) sought as the head of the front exit of the 00:30 on August 25, 2016; and (b) led to the noise of “to prevent the Defendant from running his business in the front exit; and (c) caused the noise of “to prevent the Defendant from running his business outside the front entrance; and (d) caused the Defendant to take a bath against the said D.

The Defendant plucked up, pluck up, and pluck up, the Victim F, who continued to restrain this, and then pushed up the Victim F with the wall.

As a result, the defendant injured the victim for about 35 days on the left side of the shoulder that requires treatment, such as the flaging of the shoulder belt and the damage of the power rope.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and H;

1. An injury diagnosis certificate (F);

1. Photographss, etc. of the upper part of the body;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from a witness by telephone);

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

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

A. Group 1 Crimes (Interference with Business Affairs) (Scope of Recommendation) (Interference with Business Affairs) is the basic area (six months to one year and six months) (a person with special sentencing factors).

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