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(영문) 인천지방법원 2017.06.22 2017고단3382
상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2017, at D main points located in Nam-gu Incheon Metropolitan City, around 02:05, the Defendant: (a) took a bath while drinking alcohol with the victim E (n, 46 years of age) who is an employee of the said main points; (b) took a bath while drinking alcohol; (c) was laid down on the part of the victim who was sitting down on the table to the right side; (d) continued to be faced with the victim’s face; and (e) was broken up by having the beer and the beer on the table and the beer’s disease laid on the bottom; and (e) the Defendant was frighted with the victim’s body, which had been laid on the part of the victim’s body while drinking alcohol; and (e) caused the victim’s injury to the victim.

2. The Defendant, who interfered with the business, committed the act as referred to in paragraph 1 at the date, time, place, and place described in paragraph 1, and committed the act as referred to in paragraph 1 to the victim F, who is the president of the said main branch, and the said main branch employees, with a large amount of disturbance for about 40 minutes, thereby interfering with the legitimate business affairs of the victim, by avoiding disturbance, and by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to CDs on-site CCTV data, such as victim-victim photographs;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a 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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. One-month mitigated area (one-one year from February to one year) in general injury (Scope of recommended punishment) (limited to a person subject to special mitigation) committed against him/her;

2. Class 2 Crimes (Interference with Business) (Interference with Business) (Scope of Recommendation) (Interference with Business) are the mitigated area (one month to eight months) (Special Reductions), the degree of power and deceptive scheme, or the degree of interference with business.

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