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(영문) 광주지방법원 순천지원 2021.02.04 2020고단2495
상해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2020, the injured Defendant tried to drink with the victim C at the “D main point” operated by the victim C on July 25, 2020. However, on the ground that the victim refused to do so, the victim’s face was taken up on the hand of the victim’s face on the ground that the victim refused to do so. On the left hand, the victim suffered injury, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e. d main point.

2. The Defendant interfered with the business of the victim by avoiding disturbance by exercising violence against the victim at the time and place specified in paragraph (1) above, and thereby obstructing the victim’s main business operations by force.

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTV images to the defendant's legal statement C, a written diagnosis of the police statement by the defendant regarding the defendant's legal statement C (Attachment to photographs taken by the victim at the time of dispatch);

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Inflicting of Injury) / General Injury [Type 1] General / General Bodi (Special Sentencing Person] - In cases of mitigation elements (including serious efforts to recover damage) or considerable damage: In cases of aggravation factors: In cases of serious injury (1, type 4) / Basic area of injury (the area of recommendation and the scope of recommended punishment) / April to June 1, 200;

(b) Class 2 Crimes (Interference with Business) [Determination of Type] Obstruction of Business Affairs [Type 1] Obstruction of Business Affairs (Special Sentencing) - Reduction element:

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