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(영문) 인천지방법원 2016.06.24 2016고단3215
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 19, 2014, the Defendant was sentenced to six months of imprisonment with prison labor due to the crime of injury in this court, and completed the execution of punishment on March 20, 2015.

1. On May 10, 2016, from around 20:00 to 20:05 on the same day, the Defendant obstructed the victim’s convenience store business by force by entering the “E convenience store” operated by the victim D (n, 49 years of age) located in the Bupyeong-gu Incheon Metropolitan Government, and neglecting the victim’s convenience store business by avoiding disturbance, such as: (a) moving the victim D (n, f, 49 years of age; and (b) moving the “Korea Tobacco Security System.”

2. On May 17, 2016, from around 17:30 to 18:00 the same day, the Defendant avoided disturbance, such as: (a) under the influence of alcohol from “H convenience store” operated by the victim G (n, 55 years of age) located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) the Defendant was unable to avoid disturbance, such as: (c) the Defendant, under the influence of alcohol, brought the carter down one time as an illness; (d) the Defendant boomed the carter; and (e)

Defendant continued to dump the victim's bat, who was requested by the victim before the above convenience store to calculate the value of the tenant's bat, and flaped the victim's bat and face with drinking, and flaped the victim's fingers.

As a result, the Defendant interfered with the victim's convenience store business by force, and caused the victim's injury to the victim, such as the 2nd left-hand 20 days of need for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A written statement of I and J;

1. A written diagnosis of injury;

1. Each photograph;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business and the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment: Imprisonment with prison labor for one month to 21 years;

2. The first type of basic crime (a determination of the type) to which the sentencing guidelines apply (a person who has a special sentencing seal) is committed by violence (a determination of the type).

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