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(영문) 서울북부지방법원 2017.04.20 2016고단4999

상해등

Text

The defendant shall be sentenced to six months of imprisonment.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2016, at around 19:30, the Defendant, at the front of the 'D' restaurant in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. From F (56) who is a public official belonging to the Dongdaemun-gu office E and affiliated with the Seoul Dongdaemun-gu office, the Defendant was dissatisfied with the Defendant’s point of view that if he laid down food waste on the street, he would interfere with the passage of the athletes, and had previously been given the F with the point of view that he was given the point of view, but he did not participate in the said point of view on again receiving the said point, and turned the F’s chest on his own hand by cutting it over the upper floor.

F has suffered from the wounds, tensions, etc. that require to be treated to the extent of two weeks.

The Defendant committed an assault against F, who is a public official of the Gu office, to perform legitimate duties concerning the same sanitary control duties, and at the same time inflicted an injury on F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (related to statements of witnesses in the vicinity);

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

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To recognize errors in the determination of punishment under Article 62-2 of the Criminal Act in the observation of protection and community service order;

It is a contingent punishment, and it has been agreed with the victim.

However, since there are many criminal records such as violence, it is likely to again commit a crime.