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(영문) 청주지방법원 2016.06.09 2016고단299
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2016, the Defendant: (a) around 20:40 on February 10, 2016, at “C cafeteria” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) the victim D (50 years old) on the next table, who was a dangerous object on the Agro teb, took a Si expenses without any specific reason, she saw the victim as a smaller who was a dangerous object on the Agro teb, and she saw the victim as the victim’s head on one occasion, and she saw the victim as the victim’s head on about 14 days for medical treatment.

The Defendant, around 17:50 on April 3, 2016, at the “C” restaurant operated by the victim E (V, 59 years of age) in the Seocho-gu, Cheongju-si, Cheongju-si on April 3, 2016, the Defendant was able to avoid disturbance for about 20 minutes, such as “the victim was suasd rapidly on the other side,” and “the victim was suasd,” without any justifiable reason, even though other customers were eating.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

"2016 Highest 299"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury "2016 highest group 660";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment with prison labor) concerning the 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act of the community service order: The records of punishment several times, including three times of criminal records for the same kind of crime, and the fact that the person again committed a crime of interference with business after being prosecuted for a special crime, reflects the fact that he/she committed a crime under the influence of alcohol, the fact that he/she committed a contingent crime under the influence of alcohol, the fact that he/she agreed with the victims, and other factors of sentencing under Article 51 of

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