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(영문) 인천지방법원 2014.08.21 2014고단4667
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 15, 2014, at around 17:25, the Defendant: (a) inflicted injury on the victim E (n, 48 years of age) who sells goods in Seo-gu Incheon, by drinking alcohol to the victim E (n, e.g., the victim’s hair, leading the victim’s face to the parking lot, leading the victim’s face to the parking lot by drinking the victim’s hand; and (b) caused the victim to inflict injury, such as the victim’s buckbucks and gambucks, for about two weeks of treatment.

2. On March 15, 2014, around 13:20 on March 15, 2014, the Defendant obstructed the victim’s multiple business by force by avoiding disturbance, such as having customers go back to a multi-faceted room while sounding in Gda, located in the Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts: Articles 257 (1) and 314 (1) of the Criminal Act, the choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and community service order: The facts charged regarding assault among the instant case where dismissal of prosecution under Article 62-2 of the Criminal Act is dismissed, namely, the Defendant returned to Gda located in Seo-gu Incheon, Seo-gu, Incheon, on March 15, 2014, while smoking tobacco from the victim I (I, 32 years of age) who was an employee of the Defendant, was boomed, and the Defendant assaulted the victim by taking the arms of the victim from the victim I (I, 32 years of age). This was a crime of non-compliance with the intention of punishment after the prosecution of the victim, and thus, the prosecution against this is dismissed.

Sentencing Criteria for sentencing: The area of mitigation among general injuries, and two to one year (not subject to punishment).

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