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(영문) 수원지방법원 2017.04.27 2016고단6174
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

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to the on-site illness:

1. On July 7, 2016, the Defendant: (a) around 17:30 on July 7, 2016, the Defendant: (b) took the influence of alcohol in front of the E shop operated by the victim D in Suwon-gu, Suwon-si; (c) and (d) let the customers, who had been located there, set up in the said shop, set up a stop for about 10 minutes; and (d) let them escape from the job.

Accordingly, the Defendant interfered with the victim's store business by force.

2. The Defendant was at the time and time set forth in paragraph 1, and at the location set forth in paragraph 1, when the victim’s face (such as 39 years of age) was able to take the victim’s face by hand, and the victim’s face was taken by drinking. The victim’s hand was at the victim’s hand to take the victim’s gallon thallon 3 mobile phone (market price equivalent to one million won), which is the victim’s own gallon (market price), thereby destroying the victim’s loss to the floor, thereby leaving the victim’s cell phone set.

As a result, the Defendant inflicted injury on the victim, such as damage to the crymity of coin in need of treatment for about three weeks, and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation records before judgment

1. Relevant legal provisions of the Criminal Act, Articles 314(1) (the point of interference with business), 257(1) (the point of harm), 366 (the point of damage), and the choice of imprisonment with prison labor for the crime;

1. Articles 10(2) and 10(1) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [Article 10(2) and (1) of the Criminal Act” [Article 55(1)3 of the same Act provides that the Defendant was treated pharmacologicly from around 2006, and there remains symptoms such as damage to the Defendant.

In light of this, the defendant was in a state of mental and physical weakness at the time of committing the crime of this case.

【Recognition】

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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