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(영문) 서울북부지방법원 2017.06.14 2017고단865
상해등
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.

Reasons

Punishment of the crime

On January 2, 2017, the Defendant: (a) around 21:30, at “D” operated by the Victim C on the 1st underground floor in Jung-gu Seoul, Jung-gu, Seoul, for the reason that the Defendant did not scam and scam while drinking together with his own drinking while drinking together with his drinking; (b) scambling off the floor by pushing the drinking bottle on the tables on the ground that he did not scam with his will; (c) scam the body; (d) demanded the victim to be able to be able to have the victim’s arms, and (e) caused the victim to inflict an injury, such as the shoulder and the scambling of his arms, which require treatment for about 14 days, by cutting off the victim’s arms, and making the victim go beyond the floor.

Accordingly, the defendant interfered with the victim's main business and injured the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses);

1. Relevant Article 257(1) of the Criminal Act (the point of harm), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for a crime;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to June 10;

2. Where the scope of the recommended punishment according to the sentencing guidelines is limited to one of the crimes (crimes) [the scope of the recommended punishment] in the category 1 of general injury [the scope of the recommended punishment] and the area of special mitigation (one month to one year), minor injury (including any effort made to recover damage), minor injury (including one and four kinds), non-permanent harm), or considerable damage has been restored, the scope of the recommended punishment [the scope of the recommended punishment] in the mitigated area (one month to eight months] in the mitigated area (including any effort made to recover damage) (one month to eight months) in the mitigated area (including the scope of the recommended punishment] in the mitigated area (including any effort made to recover damage): January to April:

3. According to the agreement with the victim of the decision of sentence, the victim does not want the punishment of the defendant, and can be punished for violent crimes.

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