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(영문) 수원지방법원 2017.03.15 2016고단7005
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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.

Reasons

Punishment of the crime

1. Around October 15, 2016, the Defendant: (a) 22:07, at the frequency of “C” located in Suwon-si, Suwon-si, Suwon-si B, and performed drinking together with the victim D (39:39) who was in the same line; (b) while drinking alcohol, the Defendant used beer disease, which is a dangerous object adjacent to the table, for the reason that the victim did not have a usual honor; and (c) when making the head of the victim one time, the Defendant was able to identify the number of days of treatment; and (d) the Defendant her head was sprinked.

2. The Defendant interfered with the business of the Defendant: (a) collected water residues on the table operated by the Defendant and the Victim E for the foregoing reasons at the above frequency; (b) caused the disturbance to the customers who had provided meals at a certain point by avoiding the disturbance, such as having the beer and the beer’s view, by falling off to other customers; and (c) caused them to interfere with the victim E-cafeteria business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements prepared in D;

1. Application of the statutes governing field photographs and on-site CCTV CDs;

1. Relevant Article 258-2 (1) of the Criminal Act, the choice of punishment for the crime, Article 258-2 (1) of the Criminal Act, Article 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);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From six months to not more than seven years;

2. In the case of special injury under Article 258-2 of the Criminal Act of the scope of the recommended punishment according to the sentencing guidelines, the sentencing guidelines are not set (the scope of the recommended punishment) (the scope of the recommended punishment) (the person subject to special mitigation) in the area of business interference mitigation (the person subject to special mitigation)] [the standards for multiple crimes] in which the sentencing guidelines are set and the former part of Article 37 of the Criminal Act between the crimes for which the sentencing guidelines are not set and the crimes for which the sentencing guidelines are not set, the lower limit is in accordance with the lower limit of the sentencing range set in the sentencing guidelines for the crimes for which the sentencing guidelines are

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