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(영문) 제주지방법원 2017.05.18 2016고단2460
상해
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

around 03:00 on September 6, 2016, the Defendant inflicted injury on the victim, such as double frying the body of the victim due to the occurrence of the victim D(54 years of age) and the Si expenses, and then breaking the victim’s body into the ground floor, and then breaking the victim’s chest and frying the victim’s chest and fry, and taking the victim’s body as a fry, etc., the Defendant inflicted two injuries, such as double frying frys, which require treatment for about six weeks, to the victim.

On February 8, 2017, from around 04:00 to around 07:30, the Defendant: (a) expressed an desire to the effect that “G” restaurant operated by the Victim F in Jeju E; (b) the Defendant’s behavior, horse dispute, and dispute, which cannot be identified in large interest due to the influence of alcohol; and (c) expressed an employee in the restaurant at the victim H to the effect that “nickly changed” was demanded by the said H, and obstructed the work of operating the restaurant of the victims by force, such as avoiding disturbance, by going to the victim’s noise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes to each investigation report (to hear the details of statements made by a witness I, and confirm the counterpart damage situations of employees in a damaged business establishment);

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 with prison labor for the 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. The consideration of various conditions of sentencing specified in the argument of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order and Article 62-2(1) of the same Act shall be given, and in particular, the following circumstances shall be taken into account: The favorable circumstances: the degree of injury is grave, the continuous crime of interference with business is committed, and there are many criminal records of violence.

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