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(영문) 부산지방법원 2018.09.19 2018고단2938
상해등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 21, 2018, from around 04:00 to around 05:10, the Defendant: (a) from the main point of “A” operated by the victim C (33 tax) located in Busan B (33 tax), the Defendant took a bath by smugglinging employees; and (b) as a large interest, “meat.”

The door door door door door door door door door door door door door door door door door door door door door door door.

The phrase, “,” etc., and the employee D scamed with D’s failure, such as the defect of the report to the police, the hand, etc., on several occasions.

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

2. As above, the Defendant suffered bodily injury, i.e., the Victim D(22) on several occasions, resulting in an injury to the victim, such as a high-centered tent that requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement made against D, C, and E;

3. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) point of interference with business: Article 314 (1) of the Criminal Act (the choice of imprisonment);

(b) The point of injury: Article 257 (1) of the Criminal Act (the choice of imprisonment);

2. 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 injury).

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years and six months;

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crime: Decision on the type of interference with business: A interference with business - A interference with business : A person subject to special sentencing (2) interference with business: (3) The scope of recommended punishment: Imprisonment with prison labor for not less than six months nor one year and six months;

(b) Concurrent Crimes: Determination of the type of injury (1): Violence Crime Group - General Injury - Special Sentencing Type 1 (General Bodis) (2): The range of recommending punishment not to punish (3): Imprisonment for a period of two months to one year (basic area);

C. The range of recommended punishment according to the standards for handling multiple crimes: six months of imprisonment to two years (the lowest limit shall be set at the lowest limit of the sentence range of basic crimes, and the upper limit shall be set.

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