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(영문) 수원지방법원 평택지원 2017.02.08 2016고단1716
특수상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special injury or damage to a special property is the kind of dispute about the closure of his/her meals at Pyeongtaek-si D, 'E' restaurant operated by the injured party C (34 Does) on July 30, 2016, with the injured party C (36 Does) while eating together with the injured party F (36 Does), and the injured party F is the victim F.

"The part of a shouldered disease, which is a dangerous and dangerous object, is broken up by getting off 3 an empty bottle, so that the part of a shouldered disease is stuffed in the victim's mustache and enter the victim's mustache, etc., and where approximately 2 weeks of treatment is inflicted on the victim F, and damaged the victim's restaurant cafeteria to require 4.5 million won of repair cost.

2. The Defendant interfered with the business of the restaurant, such as: (a) at the time and place specified in the foregoing paragraph 1; (b) breaking the fluor’s disease to a customer; and (c) raising the fluor’s ticket to another customer for about 20 minutes; and (d) allowing the customer to wear the fluor’s ticket.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of victims C and F respectively;

1. Statement made by the police with respect to the victim F;

1. Each police investigation report;

1. Each injury diagnosis letter;

1. Each photograph;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a) of the Criminal Act, Articles 369 (1), 366 of the Criminal Act, and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

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. The reasons for sentencing under Article 62(1) of the Criminal Act (based on the application of sentencing guidelines) have been agreed upon with the victims of the crime, and the defendant has no record of criminal punishment except for two times of fine, contingent crimes, and circumstances leading to the crime are considered. Other crimes records, circumstances after the crime, age, sexual conduct, intelligence, environment, etc. of the defendant.

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