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(영문) 수원지방법원 2017.09.14 2017고단3295
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 2, 2017, at around 01:15, the Defendant: (a) requested the victim to singing in a singing practice room operated by the victim D, located in Suwon-si C, Suwon-si; (b) but the victim refused to do so; (c) the Defendant had the victim’s wife at the place of the occurrence of the instant event “at anywhere in the night, the Defendant died.”

썅 년” 이라고 큰소리로 욕설을 하며, 노래방 기계를 발로 차는 등으로 약 30분 간 소란을 피워 다른 손님들이 위 노래 연습장에 들어오지 못하게 하였다.

Accordingly, the defendant interfered with the victim's operation of the singing practice hall by force.

2. The Defendant damaged the property by generating singing machines owned by the victim D at the time and place specified in paragraph 1, with a view to KRW 308,00,00.

3. During the time and place set forth in paragraph 1, the injured Defendant suffered injury to the base base of the victim D(37 tax)’s back head, and caused the victim to suffer from approximately 14 days of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of damaged singing machines;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of the Acts and subordinate statutes to investigation reports (to attachCCTV dynamic images);

1. Relevant legal provisions of the Criminal Act, Articles 314(1) (the point of interference with business), 257(1) (the point of harm), 366 (the point of damage), and the choice of imprisonment with prison labor for the 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of the recommended sentencing criteria: June to June 10; and

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

B. The basic area of crimes No. 2 (Bodily Injury) (the scope of recommendations) (the scope of punishment), the basic area of crimes No. 1 (General Bodily Injury) (from April to June).

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