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(영문) 의정부지방법원 고양지원 2019.07.11 2019고단774
특수상해등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. At around 22:50 on November 22, 2018, the Defendant: (a) found the victim B (the 48-year-old) and the victim C (the 46-year-old age) under the influence of alcohol in the cafeteria; (b) found the victim’s complaint that the victim did not raise the urgency of the Defendant’s wife who was working at the said cafeteria; and (c) caused the customer to go away from the restaurant, such as going through approximately 6 minutes of alcohol, including where the customer was frightd and frightd with the driver’s disease.

Accordingly, the defendant interfered with the restaurant business of victims by force.

2. In special injury, the Defendant, at the same time and place as mentioned in the above paragraph (1), was a fire fighter, who was a dangerous article to the victim C, and was in contact with the head of the victim C. The Defendant continued to live in the victim B, and was in line with the victim B’s hand, who was in line with the victim B’s head 3 to 4 times, and was in line with the victim B’s hand, who was in danger of harming the victim B, and was in line with the victim B’s hand.

As a result, the Defendant carried dangerous articles and carried a head cover cover for about 14 days to the victim C, and carried dangerous articles and inflicted injury on the victim B, such as fingers in need of medical treatment for about 14 days, and tensions and tensions in the detailed parts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to each injury diagnosis statement, estimate, and investigation report (CCTV verification report);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime (the point of special injury);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Special cases concerning the dismissal of an application for compensation order, the litigation promotion, etc.;

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