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(영문) 인천지방법원 2016.07.21 2016고정1685
상해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On April 7, 2016, at around 22:20, the Defendant: (a) entered the victim C (34 taxes, south) located in the Bupyeong-gu Incheon Bupyeong-gu B building; and (b) made it up on the ground that the victim was suffering from damage to his own coffee and fruits; and (c) when the victim’s bridges turn off the victim’s bridges by hand, the Defendant saw the victim into damage to the bridge and other damage to the bridge of the head that requires approximately two weeks of treatment.

2. The Defendant damaged property at a time, at the same time, and at a place as in paragraph 1, the Defendant: (a) destroyed the victim’s clothes, shoes, etc. by gathering one plate of the valleys on which the victim was in dispute with the victim; (b) destroyed the victim’s clothes, shoes, etc.; and (c) destroyed the display stand in excess of the display stand and the display stand, and then damaged the property equivalent to KRW 1,200,000 in total market price.

3. The Defendant interfered with the Defendant’s business by force, such as avoiding the disturbance of 30 minutes at the same time and place as paragraph 1(2), and preventing customers from entering the crypt, and preventing the injured party from performing funeral services on the day, thereby obstructing the victim’s legitimate business.

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 of an injury diagnosis certificate and estimate;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of fines for the crime;

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. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the Criminal Act is not very good for each of the crimes in this case, but there is no record of criminal punishment against the defendant, and there is no record that the defendant has been subject to criminal punishment.

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