logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.06.01 2016고단354
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal record] On July 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Gwangju District Court on July 3, 2014, and completed the execution of the sentence at the Southern Prison on July 16, 2015.

[Criminal facts]

1. On November 22, 2015, the injured Defendant: (a) at the convenience point of “E” where the injured party D (55 taxes) in Gwangju Mine-gu C works for his employee; (b) found the injured party on the ground that the injured party reported the Defendant to the police; and (c) brought about an injury, such as a catal salt, etc. requiring approximately two weeks of treatment on the part of the injured party, on the ground that he reported the Defendant to the police.

2. The Defendant: (a) obstructed the victim’s convenience store business by force by leaving off, leaving, or leaving off the entrance of the convenience store entrance on the same date, time, place, and on the grounds as set forth in the preceding paragraph on the grounds as set forth in the preceding paragraph; and (b) preventing customers from entering the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate of F in relation to D concerning the suspect interrogation protocol of the police;

1. Ctv photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a statement by the defendant in court, inquiry about criminal history (A), identification of each individual, and status of confinement;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business) 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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than 21 years;

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

(a) Bodily Injury: Class 1 (Scope of Recommendation) general injury (general injury) in the aggravated area (six months to two years) (special aggravation) (special aggravation) in the same type of repeated crime;

(b) Interference with business affairs: Group 2 crime (the scope of punishment recommended) interference with business affairs.

arrow