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(영문) 서울북부지방법원 2018.10.31 2018고합326
특수상해등
Text

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

Criminal facts

1. On December 31, 2017, around 18:11, 2017, the Defendant interfering with the Defendant’s business: (a) at the Gu of “F” Party operated by the victim E with D3rd floor in Jung-gu Seoul, Jung-gu; (b) at the time of talking to talk with Defendant’s daily activities; (c) the victim and the victim who was slicking from G, other customers of the above party branch; (d) laid down the party branch and the floor of the party branch by slicking the party branch and the floor; and (e) going up to the party branch.

Down 10 minutes, such as Do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do.

Accordingly, the Defendant interfered with the victim's party funeral business by force.

2. 특수 상해 피고인은 2017. 12. 31. 18:18 경 제 1 항 기재 장소에서, 제 1 항과 같이 소란을 피우다가 피고 인의 일행들과 위 G이 시비가 되자 화가 나, 당구대 위에 있던 위험한 물건인 당구공( 지름 약 57mm, 무게 약 170g) 을 피해자 H 등 다수의 당구장 손님들이 있는 방향으로 던져 그 공이 당구대 바닥에 튕겨 피해자 H의 머리를 맞게 하였다.

In this respect, the defendant carried a dangerous object, and carried the victim H with a view to being unable to know the treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the examination of suspect with respect to I, J, or K;

1. Protocols of the oral statement related to G;

1. A written statement prepared by E;

1. Each investigation report (on-site photographs attached, and partial verification of CCTV in the F Party Establishments);

1. Application of Chapter 1 CD (F CCTV images) and Acts and subordinate statutes on receipt of medical expenses;

1. Relevant legal provisions of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the selection of fines) concerning the crime, and Articles 258-2 and 257 (1) of the Criminal Act (the point of injuring a deadly weapon) of the same Act concerning the selection of punishment;

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 severe special injury) shall be applied to concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation, and community service order Article 62-2 of the Criminal Act is the defendant and the defendant.

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