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(영문) 서울동부지방법원 2016.07.22 2016고단1007

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:00 on December 11, 2015, the Defendant: (a) requested the victim to provide more alcohol to the E cafeteria operated by the victim D (the age of 59) in which the Defendant, located in Seongdong-gu Seoul Metropolitan Government, was aware of his/her reputation; (b) the Defendant was refused to request the victim to provide further alcohol; (c) the Defendant was able to collect and face a smell lid from the victim; (d) by plucking the victim’s hand, plucking the victim’s head debt, and plicking the victim’s head debt, etc., on the left side of which the number of days of treatment cannot be known to the victim.

2. The Defendant interfered with his duties by force interfered with the operation of the said victim’s restaurant by driving 20 minutes of the disturbance, such as the time and place described in paragraph 1, the time and place, and the walking of the scams in which the scams in which the scams would be bad, walking the scams in several ways, and throwing the scams on the floor of the scams.

3. The Defendant interfered with the performance of official duties at around 17:20 on the same day as indicated in paragraph (1) and at the same place, sent to the site by a slope G (45 years old) belonging to the F District of the Seoul Sungdong Police Station, Sungdong Police Station, which received a report of mash at the same place, and obstructed the police officer’s legitimate performance of duties in relation to the performance of duties of reporting by assaulting the Defendant’s face, such as spiting down the flash, etc., by avoiding disturbance, on the ground that the disturbance was removed from the above G, and the removal from the said G, was unreshed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to photographs, scambling pictures, standing photographs, and photographs at the scene of occurrence;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the Criminal Act, the choice of imprisonment for each 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 62(1) of the Criminal Act (the following circumstances considered in favor of sentencing) 1.