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(영문) 서울동부지방법원 2019.05.08 2019고단661
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around March 2, 2019, the Defendant suffered special injury: (a) around 21:10, at the restaurant of Seongdong-gu Seoul, “C” located in Seongdong-gu Seoul Metropolitan Government, for the reasons of the insular negligence with the victim D, who was his reserve-oriented, and used a beer, which is a dangerous object on his/her table, and used a beer, one so far as the head of the victim can be unfolded once; (b) the Defendant was able to make up the head of the victim one time by using another beer, which is a dangerous object, and was laid down as a sck, a dangerous object, and then was laid down as a sck.

As a result, the defendant carried dangerous objects and inflicted an injury on the victim during treatment days.

2. The Defendant: (a) destroyed property damage and interference with business at the time and place specified in paragraph (1); (b) interfered with the business of the victim’s restaurant by force, such as: (c) destroying 4 passengers, 10 instant instant restaurants, 10 instant cups, 4 instant cups, 6 in a small size, 6 in a folding City, 333, 50, and 1 iron plates; and (d) causing customers in the restaurant to leave the restaurant at the same time and at the same time interfered with the business of the victim’s restaurant by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 258-2 (1), Article 257 (1) of the Criminal Act (the point of special injury), Article 314 (1) of the Criminal Act (the point of interference with business) and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of sentence of imprisonment (Interference with business affairs)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The circumstances in which illegality with respect to the means of committing the crime and the degree of injury of the special injury in this case is not easy:

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