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(영문) 광주지방법원 2016.09.28 2016고단2395
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 29, 2016, at around 00:00, the Defendant: (a) called “D” main points operated by the victim C in Gwangju Northern-gu, the Defendant: (b) was under the influence of alcohol so that the victim would face the table to which he/she had, but the victim would not follow it; (c) while taking the victim’s bath, such as “a singingingly, an annual and the same year,” the victim took 5-6 be her hand, which is a dangerous object on the table, and collected the beer’s disease toward the victim’s right; (d) so that the beer’s disease would face to the victim’s right; and (e) thereby making the said be faced with the victim’s bridge, thereby causing the victim to suffer injury to the victim, such as the number of days of treatment that he/she would face on the bridge.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. From the date mentioned in paragraph (1) to the date 00:40 on the same day, the Defendant obstructed the operation of the victim’s main points by force by having the customers who were on the said main points get out of his clothes and were 5-6 crypists to take out 5-6 crypers, and getting out of his clothes, as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) and Article 314 (1) of the Criminal Act (a point of interference with business and choice of imprisonment with prison labor) concerning criminal facts;

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;

1. Since the crime of interference with the duties for which the sentencing criteria are set and the crime of special injury for which the sentencing criteria are not set are substantive concurrent crimes, only the lower limit of the scope of sentence according to the sentencing criteria shall be considered.

【Recommendation of Punishment.

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