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(영문) 인천지방법원 2019.10.30 2019고단5817
특수상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special injury Defendant, around 06:10 on June 2, 2019, called “C” on the building in Namdong-gu, Incheon Metropolitan City, and “C” on the first floor of the underground level, provided that the victim continued to drink alcohol to the victim D (the spouse, 60 years of age), but the victim was fluencing the victim’s disease, which is a dangerous object on the table, and was making it difficult for the victim to fluencing the part of the victim’s garris by making it possible for the victim to unflucing the part of the victim’s garris, so far as it is dangerous and dangerous.

In this respect, the defendant carried dangerous things and carried them with the victim who could not know the days of treatment.

2. From around 05:50 on June 2, 2019 to 06:20 on the same day, the Defendant interfered with business: (a) from “C” operated by the victim E; (b) from “C” to “C”, the Defendant: (c) on the part of the Plaintiff, the spouse, by taking a fluoral disease, which is a dangerous object as described in paragraph (1), and (d) and caused customers, who were in drinking alcohol within the said C, to get out of the outside of the zone, such as making it difficult to unfluorize the part of the D’s garst, so long as it is difficult to unfluen the part of D, and making it possible to unfluen the part of D’s c, which is a dangerous object, by taking bed and dangerous thing.

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 to D by the police;

1. A written statement concerning E;

1. Application of Acts and subordinate statutes to photographs taken on the spot photographs, CCTV closure photographs, and victim DNA damaged parts;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 314 (1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles) of the Criminal Act and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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

(a) Class 1 (Special Bodily Injury) (Determination of type);

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