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(영문) 의정부지방법원 2019.08.22 2019고단2145
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The Defendant, who received a judgment on the entire failure of a lawsuit of demurrer against distribution filed with the District Court, had the mind that he avoided the operation of the lawsuit in B of the above court.

On May 20, 2019, around 09:36, the Defendant moved to the victim D (the 31st, who was a court official) who was a court official in the above B by extracting coffee from the coffee set in front of the above B entrance.

The Defendant’s question asked whether he is a court employee or “N” was the victim, and the Defendant spreaded the hot coffee contained in the paper World Cup cited by the Defendant to the face of the victim, and the victim spawds with the victim’s head, etc., and spawd with the shoulder’s head, etc., and spawd in a non-discriminatory manner, and spawds, etc. by assault and force until 10:03 on the same day, and obstructed the victim’s E business by assault and force, and spawds, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each injury diagnosis letter;

1. Application of field photographs, victim identification cards, physical photographs, and CD-related Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

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

(a) Category 1 (General Bodily Inflicting) (Special Bodily Inflicting) (Aggravated Punishment): Aggravating motive, mitigation element: Insignificant bodily injury, non-influence [Extent of Recommendation] imprisonment with prison labor for up to 2 months, or for up to 10 months (limited to mitigation area);

B. The crime of interference with business (decision of type).

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