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(영문) 서울북부지방법원 2018.02.07 2017고단4453
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 9, 2017, around 15:50 on July 9, 2017, the Defendant injured the victim C entering the “Ecac shop” used by the victim C (V, 46 years old) in Dobong-gu Seoul Metropolitan Government as an employee, while drunking it.

A large voice, such as "accomon of a coffee," such as "accomon", was frightened to the right hand of the victim who was flashing in a flash and flashed by hand, and the victim was flashed for approximately two weeks of the right hand in the right flash that requires treatment.

2. The Defendant injured the Victim F at the time and place specified in paragraph 1, where the victim F (38 years of age) prevented the Defendant from avoiding disturbance while under the influence of alcohol, leaving the victim’s body over the floor, thereby going through the victim’s body. In order to take care of the victim’s head by drinking, the Defendant inflicted injury on the victim, i.e., the two parts of the victim’s head, which require approximately two weeks of treatment.

3. The Defendant, at the time and place set forth in paragraph 1, took a large voice under the influence of alcohol, and prevented the Defendant from entering customers, who want to get out of and enter the coffee and get out of it through approximately 30 minutes, such as the time and place set forth in paragraph 1, when drinking, c, when drinking with the victim F and C, and taking the chair.

Accordingly, the Defendant interfered with the victim's coffee shop business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, C, and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act (the point of each 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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to June 10;

2. Two crimes, the scope of the recommended punishment according to the sentencing guidelines, for which the basic area (from June to one year and six months) (the person subject to special sentencing) is irrelevant to the category 1 (Obstruction of Duties) (the scope of recommended punishment) (the scope of duties).

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