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(영문) 대구지방법원 2017.06.09 2016고단5904
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2016 Highest 5904] On September 22, 2016, the Defendant: (a) around D 22:00 on September 22, 2016, around the D cafeteria located in Daegu-gu, Daegu-gu, the Defendant thought that he was sentenced to a fine by assaulting the driver at the D cafeteria, the customer E (62) who is the customer at the cafeteria, and (b) prior to the cafeteria, the Defendant was able to sit in the cafeteria, and was punished by assaulting the owner of the business.

“Influently, the victim’s breath was flapsed by plucking and plucking the victim’s left hand, thereby causing the victim’s injury to the left hand of 3 weeks of the diagnosis.

[2017 Highest 272]

1. On January 8, 2017, the Defendant: (a) found a drunk on D cafeteria operated by F in Daegu-gu, Daegu-gu, and assaulted the victim E (the remaining and the age of 62) who was seated in the restaurant, with “a fine was paid due to the victim’s fat,” on one hand, leading the victim to the outside of the restaurant.

2. The Defendant interfered with the duties of the Defendant, at the time and place specified in paragraph 1, expressed the victim F (V, 70 years of age) who is the proprietor of the restaurant, “hing the said restaurant year, frighting year, frighting year,” and obstructed the victim’s restaurant business by force by avoiding the disturbance for about 15 minutes, and allowing the customers on the said restaurant to out, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

[2016 Highest 5904]

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. Description of the written diagnosis of injury (2017 order 272);

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of each police statement with respect to E and F;

1. Application of Acts and subordinate statutes to entries in a report on dispatch;

1. Relevant legal provisions 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), Article 260(1) of the Criminal Act (the point of violence) of the Criminal Act, and the choice of imprisonment for a 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. Suspension of execution;

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