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(영문) 의정부지방법원 2018.08.31 2018고단1668
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

On January 23, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the District Court of Jung-gu on January 23, 2018 and the judgment became final and conclusive on January 31, 2018.

1. Around November 6, 2017, the Defendant suffered special injury: (a) around 00:50 on the part of the Government-si, “D main store”; (b) Madju’s E (22) and drinking, while having a dispute, fluencing with the victim E (22); (c) Madju’s disease, which is a dangerous object on the table, was discharged from the head of the damaged person; and (d) flucing the victim with his/her will, the Defendant continued to put the victim into the victim’s mind, thereby making it impossible for the victim to know the number of days of treatment.

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

2. At the same time as paragraph 1, the Defendant interfered with the victim’s business by force, by preventing customers from entering the restaurant, such as beer and beer, from entering the said “D main points” operated by the victim F, as seen above, and leaving the disturbance, thereby obstructing the victim’s business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. A medical certificate of injury, and each damaged photograph;

1. Previous convictions: References to inquiries, reports on investigation (limited to criminal records of the same kind as the suspect and attachment of the judgment);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) and Article 314 (1) of the Criminal Act (a point of interference with business and choice of imprisonment with prison labor) concerning criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than seven years; and

2. The offense of violation of the Punishment of Violences, etc. Act (joint injury) in a judgment on the failure to apply the sentencing criteria and the offense after Article 37 of the Criminal Act:

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