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(영문) 수원지방법원 평택지원 2020.05.07 2019고단2095
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. On August 26, 2019, at the C convenience store located in Pyeongtaek-si B, around 04:20 on August 26, 2019, the Defendant injured the victim E (the victim 26 years of age, south) who was aware of working together in D when working together in Pyeongtaek-si B, when she speaks that the tables installed in front of the above convenience store are shotbbbbbbbbbbs, and she slicked the victim’s face by drinking double hand, which is a dangerous object located on the floor of the convenience store, and caused the victim’s injury, such as brain dys, which requires treatment for about two weeks.

2. In the process of dispute as above at the same time and place as indicated in paragraph (1), the Defendant obstructed the victim’s convenience store management by force by avoiding disturbance for about 10 minutes, such as destroying the cater to which the victim F (n, 22 years of age), who is an employee of the said convenience store, was working, and destroying the cater and the articles in the display belt, and destroying the floor of the articles in the display belt.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs extracted from the scene of damage, photographs taken of iron ties, and CCTV at the scene of damage;

1. Articles 258-2 (1), 257 (1) and 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment) of the relevant Act on the facts of crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

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

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm) mitigated elements: Insignificant bodily injury, non-members of punishment (the area of recommendation and the scope of recommendation), special mitigation areas, two months to one year;

(b) Class 2 (Interference with Business) (Determination of type).

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