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(영문) 전주지방법원 남원지원 2019.07.16 2019고단62
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around February 16, 2019, the Defendant assaulted the victim, i.e., having been under the influence of alcohol from the victim D ( South and in the age of 32) from the stairs of the entrance of the “C” Garan-si, Namwon-si, Seoul, on the part of the Defendant: (a) who heard the horses different from that of the victim; (b) 3 times the victim’s scke, and (c) when the victim’s scam was sckeed on three occasions; and (d) on one occasion the victim’

2. The Defendant, at the time and place specified in Paragraph 1, obstructed the victim’s main duties by force, such as: (a) intending to request the victim E (at the age of 57) who was the owner of the said main shop D and the said main store to leave the main store; and (b) putting the entrance door up several times; and (c) putting the door up to the main store into a large amount of sound; and (d) putting the unclaimed customers who had drinking alcohol out of the said main store out of the main store, thereby obstructing the victim’s main duties.

3. On March 15, 2019, around 21:40 on March 15, 2019, the injured Defendant found the main points as indicated in Paragraph 1, and took a bath to the victim F (ma, 59 years of age) who was working there, and tried to get out of the victim during his/her abundance, and tried to use violence, such as taking a part of the victim's face, taking part of the victim's face, taking part of the victim's face at one hand, and demanding the victim's face, taking part of the victim's face, and taking part of the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. A report on investigation (CCTV verification case);

1. A report on investigation (Attachment of a medical certificate) and a medical certificate attached thereto;

1. Application of Acts and subordinate statutes to photographs of victims and damaged parts;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act that apply to the crime, the choice of punishment (the point of violence, the choice of imprisonment), Article 314 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the choice of imprisonment, the point of injury and the choice of imprisonment);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be the heavier penalty;

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