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(영문) 서울동부지방법원 2020.04.22 2019고단3781
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On September 23, 2019, from around 12:00 on September 23, 2019 to 12:30 on the same day, the Defendant interfered with the business, in “D” operated by the victim C in Songpa-gu Seoul, for the reason that the victim does not sell alcoholic beverages to himself/herself, left a bend and a bend for the victim, and left a bend for the victim, so that he/she could not enter the said restaurant by avoiding disturbance, such as having the victim take a hozzle, and having the customer E, who was drinking in the said restaurant, and making him/her feel.

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

2. Around 12:30 on September 23, 2019, the Defendant was under investigation with the police who received the report as the disturbance described in paragraph (1) in front of “D” located in Songpa-gu Seoul, Songpa-gu, Seoul, and caused injury to the victim E (39 years of age, inn) with carrying steel plates, which are dangerous articles, by entering a sudden restaurant, and carrying with him/her the iron plates, which are dangerous articles, the Defendant inflicted an injury on the victim, such as salt, tension, etc. of the bones in need of approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV image data at the site of the case;

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

1. Relevant Article of the Criminal Act, Articles 314, 258-2, and 257 (1) of the Criminal Act, the choice of imprisonment with labor for the crime of interference with business

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; the degree of injury suffered by the victim; the fact that the defendant agreed smoothly

1. Probation and community service order under Article 62-2 of the Criminal Act;

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