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(영문) 울산지방법원 2016.11.15 2016고단2219

상해등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 19:40 on June 15, 2016, the Defendant suffered injury: (a) at the “D” restaurant operated by the Victim C (V, 43 years of age) located in Ulsan-gun, Ulsan-gun; and (b) at the floor, the victim was dismissed on the ground that the victim was dismissed; and (c) at the telephone terminal used by the victim for reporting 112, the Defendant suffered from the defect of the victim, thereby causing damage to the victim’s reputation that requires approximately two weeks of treatment.

2. The Defendant causing property damage: (a) at the above date, at the above time, at the above place, one chemical part was laid on the floor; (b) destroyed by putting nine electric stand stand lines wing on the floor of the restaurant; (c) broken up the main body and monitors on the floor; (d) opened the front body and monitors on the floor; and (e) opened the audio unit on the floor; and (e) opened the 7 chemical parts at the entrance of the restaurant and 25 beer bottles on the cafeteria, which were contained in the air conditioning, and destroyed the total market value of KRW 2,840,000, which is the market value owned by the victim.

3. The Defendant interfered with the duties of the Defendant, at the above date and time, obstructed the victim’s restaurant business by force by avoiding a disturbance for about 20 minutes, such as having customers go to the restaurant, by leaving the food on the customer of another customer at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act, the victim does not want the punishment of the defendant by agreement with the victim, and the defendant is imprisonment without prison labor or more;