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(영문) 서울서부지방법원 2016.08.19 2016고정295

상해등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the occupant of Mapo-gu Seoul Metropolitan Government apartment, and the victim D is the head of the management office of the above apartment.

1. On May 27, 2015, the Defendant, at the above apartment management office around 18:02, tried to copy, without permission, the list of the original scar on the election management, which entered a mixed office in which the person on duty was on duty, E entered a mixed office, and was on duty, to the toilet in a scarcity, in which the person on duty was on duty.

Accordingly, the defendant invadeds on the office of the management office managed by the damaged person.

2. On June 3, 2015, at around 19:08, the Defendant: (a) visited each household in order to cast a visit vote on the amendment of the management regulations by the victim, the chairman of the Election Management Committee, the chairman of the F, the director of the division, and the deputy H, etc., who is the manager of the management affairs; (b) accordingly, the Defendant posted a photograph on his/her own; (c) led the F of the Election Management Committee to “unqualified for the chairman of the Election Management Committee”; and (d) interfere with the management of the victim’s apartment by force, such as “no person is eligible for the chairman of the Election Management Committee” and “no person cast a vote.

3. On July 27, 2015, at the office of the above apartment management office around 16:10, the injured Defendant: (a) prevented the victim from using the phone in mind; and (b) led the victim with the wheels of the victim, which requires medical treatment for seven days.

Summary of Evidence

[Judgment No. 1]

1. Legal statement of witness E;

1. A written statement of I and J;

1. Video CDs (the facts listed in Decision 2);

1. Legal statement of the witness D;

1. Video CDs (the facts in its holding No. 3);

1. Each legal statement of witness D and K;

1. Video CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 319(1) of the Criminal Act (the point of intrusion on a structure), Article 314(1) of the Criminal Act (the point of interference with business), Article 257(1) of the Criminal Act (the point of harm) and the selection 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order