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(영문) 대구지방법원 2018.07.19 2018고단1384
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

1. On October 2, 2017, the Defendant: (a) around 18:00, the victim C (56 taxes) operated in Busan Metropolitan City on around 18:00; (b) took a bath for female customers entering the D cafeteria by 2 female customers, i.e., the Defendant: (c) took a bath for her cell phone; (d) took his/her cell phone by stopping the victim’s wife; and (e) took a bath for 10 minutes by force; and (e) interfered with the victim’s restaurant business.

2. At the time and place specified in paragraph 1, the injured Defendant is the victim C who takes a bath to E, such as Paragraph 1.

"Along with the defendant, the victim's face was flicked, and the victim's face was taken three times in drinking, and the victim was 14 days in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for the crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Duties) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravated punishment for multiple crimes for which there are no basic area (including six months to one year and six months) [the scope of the recommended punishment] / [the scope of general injury] / the basic area (4 months to one year and six months] / the basic area (4 months to one year and six months] / the no special sentencing person] : June to February 2:

2. Circumstances disadvantageous to the decision of sentence: The defendant has interfered with the business of the victim by drinking alcohol and has inflicted injury on the victim.

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