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(영문) 의정부지방법원 고양지원 2016.06.02 2016고단352
상해등
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

1. On January 4, 2016, around 18:35, the injured Defendant expressed the victim D (3) who was the head of the place where the Defendant sent the victim the victim’s head at one time by hand, and putting the victim’s head at the victim’s head at one time, by putting the victim’s head at the victim’s head at one time, by putting the victim’s head at the victim’s head, and putting the victim’s head at the victim’s head.

As a result, the Defendant inflicted bodily injury on the victim, such as salt pansty, tensions, etc. in need of approximately two weeks of treatment.

2. The Defendant interfered with his duties, at the time, at the time, place, as described in paragraph 1, assaulted the victim D while booming the victim as above, broken the beer’s disease on the table, boomed the table, followed the table table in the above restaurant by hand, let the customers leave the boom, and prevented them from entering the said restaurant.

Accordingly, the defendant interfered with the operation and management of the victim D's restaurant by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of an injury diagnosis certificate, each photographic statute;

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

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service, and lecture attendance order, and Article 59 of the Protection, Observation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) No crime of injury (determination of type), crime of violence, general injury, and type 1 (general injury) [the scope of recommendation sentence] (the scope of recommendation sentence] basic area, April 1 and June 1.

B. There is no interference with business affairs [decision of type] interference with business affairs, interference with business affairs [the scope of the recommended sentence] basic area, imprisonment with labor for six months.

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