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(영문) 수원지방법원 안양지원 2013.10.30 2013고단904
권리행사방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 03:00 on November 4, 201, the Defendant, at the restaurant operated by the Defendant, in Ansan-gu, Masan-si, Masan-si, where he had a female-friendly interview D and sent a phone call from the above D, and the Defendant took part in the E-mail. The Defendant, on the ground that the Defendant took a bath, went against the Defendant, and caused the Plaintiff to go back, and immediately after he was found to go through the “G” main store located in the Gu during the Ansan-si operated by the said D, the victim H (40 years of age) together with the said D and E “or a fluenction,” and the Defendant was removed, and the victim’s face was fluened so that the victim might take part in the victim’s face by drinking, and the Defendant was injured by the 8 weeks of internal walls that require medical treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to H by the police officer;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [type] violent crimes, general bodily injury, general injury (aggravated factor) serious injury (aggravated factor) and recovery of considerable damage (a person or other mitigated factor) (a person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person or person

2. The sentence of sentence is limited to the degree of injury suffered by the victim, and the fact that there is a past record of suspended sentence for an organized violence crime in 2007 is disadvantageous.

However, since 2007, there is no previous conviction in relation to violence, and since 2007, the victim paid 5 million won to the victim immediately after the crime was committed, and the victim made every effort to recover damage, such as deposit of additional 2 million won, and married with D after this case, and his wife was born on August 6, 2013.

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