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(영문) 인천지방법원 부천지원 2017.01.17 2016고단3254
특수상해등
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 October 16, 2016, the Defendant engaged in special assault and special injury: (a) at a two-dimensional restaurant with the victim C (57 years old) and his/her own opinions on the operation of the alumni meeting on the grounds that he/she had different opinions with the victim C (57 years old) on October 16, 2016; (b) he/she did assault the victim in a way that he/she was faced with a beer disease, which is a dangerous object in the table, by gathering the beer; (c) he/she did so; and (d) did so by having the victim D (52 years old) who was next to him/her use the beer's disease on the floor so that he/she can be protruding off; and (d) did so by having the victim D (52 years old), who had been on the floor of the beer's disease and sold it to the beer.

2. The Defendant interfered with the duties of the Defendant at the time and place set forth in paragraph 1, and at the same time, the Defendant interfered with the operation of the Victim F restaurant, which is the operator of the cafeteria, by avoiding the disturbance for about 20 minutes, including the time and place set forth in paragraph 1, taking a large amount of public bath while disputing with C, and throwing the beer’s disease on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to D or E;

1. Receipts to be attached to both tagss;

1. Application of statutes on site and victim photographs;

1. Articles 258-2 (1), 257 (1) (a) and 261 and 260 (1) of the Criminal Act concerning the facts constituting an offense, as prescribed under the corresponding provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the same Act, Articles 261 and 260 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment specified for a special crime of bodily injury against victims E, among special crimes of bodily injury)

1. Selection of imprisonment with labor for a crime of special assault in selection of punishment, or interference with business affairs;

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 ( Taking into account circumstances favorable to the defendant);

1. Article 62(1) of the Criminal Act (the defendant shall be the same);

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