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(영문) 의정부지방법원 고양지원 2017.03.28 2016고단3407
특수상해등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On September 3, 2016, the Defendant: (a) around 18:40, and around 18:40, at the E restaurant operated by the victim B (44 years of age) located in the 1st floor of Gyeyang-gu D Building in Gyeyang-gu D; (b) the Defendant attempted to substitute for F’s claim of insurance money; (c) found the place where the Defendant was obstructed by the victim; (d) displayed the victim’s head of the damaged person; (e) laid down the damaged person’s left chest part of the victim’s chest; and (e) inflicted an injury, such as the victim’s hump, which requires approximately two weeks of treatment.

B. A. At the time and place specified in Paragraph 1-A, the Defendant: (a) laid the victim B with approximately 30 minutes of her disease by gathering about about 30 minutes; (b) continuously her sick soldiers in the process of continuing to gather the disease, and (c) caused them to wear away from the next sick soldiers; and (d) “Iskin death and discarded.”

The victim interfered with the victim’s operation of the restaurant by force by preventing customers who had entered the restaurant by putting the disturbance, such as passing a large voice, from entering the restaurant.

2. Defendant B, at the time, at the time, at the time, and place described in paragraph 1-A, the victim A (56) was subject to assault as described in paragraph 1-A., and the victim was frighted against the assault as described in paragraph 1-A., and used the victim’s face, and was placed on the victim’s fright and the victim’s face at around three weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each injury diagnosis letter;

1. Each photograph, ctv material CD;

1. Application of Acts and subordinate statutes to internal investigation reports (the result of analysis of external CCTV images in a restaurant);

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment for the crime: Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury), Article 314(1) of the Criminal Act (the point of interference with business, the choice of imprisonment, and the choice of punishment): Article 257(1) of the Criminal Act (the point of injury and the choice of fine);

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A to be mitigated: Articles 53 and 55(1) of the Criminal Act.

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