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(영문) 대전지방법원 천안지원 2016.12.20 2016고단549
업무방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

. The head part was kneeked with the Defendant’s knenee, and assaulted the victim by driving the Defendant’s chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the witness E, F, G, and H’s statements;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles 314 (1), 260 (1), and 366 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation* (Scope of Recommendation Form) In the area of special mitigation [Article 62-2] (Scope of Violence] * in the area of mitigation (Article 1, 6, and 7) / in the area of mitigation (Article 1, 6, and 7) / Where the extent of violence is minor (Article 1, 6, and 7) / [Scope of Recommendation Form] in the area of mitigation (Article 1-8) / in the area of mitigation (Article 1-8) / in the area of mitigation (Article 62-2) / (Article 62-2) / (Article 62-2 of the Criminal Act / (Article 62-3) / (Article 1-6 months) / in the area of special mitigation (Article 62-2) / in the area of punishment) / in the area of punishment (Article 62-2) / [Scope of punishment) / In the case of actual injury before or after the sentence of the defendant was sentenced to a fine.

1. The alleged defendant and the defense counsel denied the part of assault and damage to property against the victim F, and in particular, in case of damage to property, the CCTV images submitted as evidence cannot find out the surface of the defendant, and can be confirmed from the scene pictures of evidence records.

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