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(영문) 인천지방법원 부천지원 2016.09.02 2016고단1059
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2016 Highest 1059]

1. At around 16:50 on April 22, 2016, the injured Defendant reported to the victim D(45 years of age) 119 and sent the victim’s face to the site by an emergency medical service worker on the ground that the victim’s face was sent to the site, at around 16:50 on April 22, 2016.

[2016 Highest 1171]

2. Around May 5, 2016, the Defendant obstructed the victim’s convenience store business by force, and thereby interfered with the victim’s convenience store business by force, such as: (a) the Defendant, at the G convenience store operated by the victim F, the victim F in Seocheon-gu, Seocheon-gu, Seoul, that he would not sell alcohol from the victim; and (b) the Defendant, at the G convenience store operated by the victim F, who was able to say that he would not sell alcohol from the victim.

3. The Defendant assaulted the victim’s chest on the hand floor on the date, time, place, etc. described in paragraph (2) and on the same ground, when her bucks and her breasts were taken on the part of the victim.

Summary of Evidence

[2016 Highest 1059]

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. Photographs of damaged parts (No. 2016 highest 1171);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Photographs (victim of damage and site);

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

(a) Class 1 crime (Interference with Business) (Scope of Recommendation) (Scope of Business ] No basic area (Interference with Business) (6-1 year and 6 months) (special person) exists;

(b) Insignificant bodily injury (special mitigation) in the area of mitigation (two to one year) (special mitigation) of category 1 (two to one year) for general bodily injury (the scope of recommending punishment).

(c) the recommendations to commit the third offence (defence).

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