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(영문) 춘천지방법원 강릉지원 2017.05.02 2017고단177
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2017, the Defendant, while under the influence of 23:00 around 23:0, the Defendant was under the influence of 1st floor E (n, 55 years of age) under the influence of alcohol, and attempted to do so from the victim who was aware of the victim as his/her employee, attempted to do so, the Defendant, at the time of refusal from the victim, she was able to take a bath for the victim, she laid a beer a beer with a view to a 24,000 won at the market price in the place, she laid the beer’s disease on the floor, which is a dangerous object, laid the beer’s disease on the floor, she laid the beer of the victim, etc., and laid the beer’s view toward the victim, etc.

The Defendant continued to go up with the table “I am off, I am off, I am off, I am off, I am off,” and was unable to avoid a disturbance of approximately 2 hours and 20 minutes.

As a result, the defendant interfered with the victim's business by force, damaged the victim's inner contact, and brought about about two weeks of treatment to the right-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (Attachment of a medical certificate);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), 314 (1) (a point of obstructing duties, choice of imprisonment with prison labor), and 366 (a) of the Criminal Act concerning the facts constituting an offense;

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. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act is to suspend the execution of imprisonment with prison labor only once in consideration of the fact that the defendant has been punished due to violent crimes, etc. several times, his or her criminal act is divided, and that the victim has reached an agreement with the victim. It is so decided as per Disposition.

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