Text
A defendant shall be punished by imprisonment for not less than nine months.
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. Special injury Defendant: (a) on October 17, 2016, 23:38, 2016, the victim C (here, 31 years of age) and the victim’s “D main store” operated by the victim C (here, her 31 years of age) referred to as “at the time of the completion of business and the Korean customer became aware of it”; (b) on the ground that the victim was 4 times of the chair, which is an object dangerous to the victim, and (c) the victim was able to fit for the victim’s left hand.
As a result, the defendant carried dangerous objects and damaged the victim's right-hand hand and hand over 2 weeks of treatment.
2. The Defendant damaged property at the time and place indicated in the above paragraph 1, and the victim C’s market price was 1,50,000 won in total, and the iron makers, etc. collected several iron plates, and caused them to do so.
Accordingly, the defendant damaged the property owned by the victim.
3. As described above 1 and 2, the defendant who interferes with his business does not sell alcohol to the defendant by the victim C.
For the reason that he said, he could avoid disturbance, such as cutting iron chairss and iron tabless on several occasions.
Accordingly, the Defendant interfered with the victim's main business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A E-document;
1. Photographss of on-site and damaged parts of a photograph, and of CCTV images to take a course;
1. A written diagnosis of injury;
1. The application of Acts and subordinate statutes to a report on investigation (attached to an agreement and a written estimate);
1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), 366, and 314 (1) of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor) 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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;
1. Sentencing criteria;
(a) Category 1 (Interference with Business) (Scope of recommendations) interference with business operations;