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(영문) 창원지방법원 2020.04.17 2020고단333
특수상해등
Text

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

Around 23:40 on January 18, 2020, the Defendant was able to avoid disturbance, such as: (a) the victim E (year 41) who was working at the “D” restaurant operated by the victim C (n, 49 years of age) and the victim E who was under drinking alcohol, and (b) the age of the victim E, who was under drinking, was her duty to speak against the Defendant under the influence of alcohol; and (c) the Defendant was able to avoid disturbance on the part of the victim E, on the ground of a fluent disease, which is a dangerous object while taking a bath.

Accordingly, the defendant carried dangerous articles and put the victim E into two parts of the treatment days unfortunate, and interfered with the victim C's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 314 (1) of the Criminal Act concerning the crime (the point of interference with business and the selection of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. The scope of punishment by law: Imprisonment for six months to seven years;

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

(a) Special injury (a) resulting from a crime (a special injury) (a determination of types) (a special injury and repeated crime) resulting from a violent crime: In cases of a special injury (a special injury) resulting from a repeated crime (a special injury resulting from a special injury): mitigated elements: In cases of a violation of punishment (including a serious effort to recover damage) or recovery of considerable damage (a recommendation range of punishment); four months to one year;

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Obstruction of Business Affairs (Type 1] Obstruction of Business Affairs: Reduction element (including a serious effort to recover damage): Reduction area (including recommendation range), reduction area, imprisonment with labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for four months to one year (the upper limit of crimes No. 2).

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