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(영문) 대전지방법원 논산지원 2018.01.12 2017고단647
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 May 28, 2017, the Defendant suffered bodily injury by the victim G (49 years of age) on the ground that he/she was under drinking alcohol with his/her own daily activities E and F, and that he/she was trying to drink with other customers at the same time within D main points operated by C, 01:0 on May 28, 2017, on the ground that he/she was under drinking alcohol with his/her own daily activities E and F, and that he/she was trying to drink with the victim, he/she sustained bodily injury, such as the head, part, etc. of the victim, who was put on the floor of a beer bottle, which is a dangerous object on the table, one time, and caused the victim to suffer bodily injury, such as the eye of the victim, the body part of the body part, and the body part around the snow, which were put on the floor,

2. The Defendant, at the time, at the time and place specified in paragraph 1, performed alcohol together with E and F, the Defendant was unable to avoid disturbance for about 20 minutes, such as assaulting H to take dynamic images, while drinking alcohol with G and body fighting.

Accordingly, the defendant in collusion with E and F interfered with the victim C's main business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of defendants, E, or F by the prosecution;

1. Each police statement made to G, H and C;

1. 112 A list of reported cases;

1. A written diagnosis of injury;

1. Application of field photographs and photographs statutes;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles) of the Criminal Act concerning criminal facts, and Articles 314 (1) and 30 (the occupation of interference with business and the choice of imprisonment) of the Criminal Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the nature and circumstances of the crime in this case are not weak.

However, the fact that the defendant reflects the mistake, that the victim agreed with the victim, that the degree of injury of the victim G is relatively minor, that the defendant does not have any record of the same crime, and that the defendant's age, sex, environment, and the age of the defendant.

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