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(영문) 전주지방법원 군산지원 2016.09.28 2016고단689
특수상해
Text

Defendant

A shall be punished by imprisonment for eight months.

However, with respect to Defendant A, the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around 19:20 on October 2, 2016, around 19:20, around 19:20, the victim B (41) who leased the above restaurant in front of the D restaurant located in the Gunsan-si, and was urged to do so under the name of the Defendant B (41) by not paying the air broadcast fee for the said restaurant in the name of the Defendant, and caused the injury to the victim, who will display the improvement, which is a dangerous object to the victim B while disputing with the victim B, and caused about 14 days to undergo treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. Statement made by the police for E;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general injury (the scope of general injury) [the victim] is also responsible for the occurrence of a crime or the expansion of damage in the basic area (4 months to one year and six months] / Where the victim was committed by collective or multiple force, or committed by carrying a deadly weapon or other dangerous articles (the decision of the sentence], where the defendant A goes against his/her mistake, the damage therefrom seems to be minor due to any contingent crime that occurred during a minor dispute with the victim, and other circumstances surrounding the sentencing conditions, such as the defendant A's age, sexual behavior, environment, etc., shall be determined as the sentence as per the order.

Rejection of Public Prosecution

1. The summary of the facts charged is as follows: (a) around 19:20 on October 16, 2016, Defendant B assaulted the victim A to take the face of the victim A (42 years) by drinking, during the dispute with the victim A, who seeks to take a cable broadcast cable in the name of the said restaurant, prior to the D cafeteria located in Gunsan-si, on the ground that he did not pay the cable broadcast fee to the said restaurant.

2. Determination

A. The crime of non-violation of will: the Criminal Act.

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