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(영문) 서울남부지방법원 2017.11.15 2017고단4152

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is the mother of D students attending the fifth grade 3 of C elementary school located in Yangcheon-gu Seoul Metropolitan Government, and the victim E is the teacher in charge of the above student.

On June 9, 2017, around 15:45, the Defendant entered the classroom although the victim was in a meeting of “pre-consultation on the same grade of study” with the teachers in the fifth grade, and the victim treated D, who is the Defendant’s child, in the course of a meeting of “pre-consultation on the same grade of study” with the teachers in the fifth grade.

In other words, the victim suffered from the misunderstanding of the other misunderstandings, "I am unable to do so during that period, I am hack against the shoulder part by pushing the victim with the floor by hand, and the victim hacks on the string, and "I am off, hick off, hick off, hick off, hicker, I am hick off, hicker, I am above the string and the chair."

As a result, the defendant interfered with legitimate execution of duties concerning the educational activities of the victim, who is an elementary school teacher, and at the same time, the victim suffered bodily injury such as the right dog for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] general injury (one type) (special sentencing person): In the case of interference with the execution of official duties, mitigation factors: In the case of interference with the execution of official duties: In the case of minor injury (the territory of recommendation and the scope of the recommended punishment], April to June.

3. Reasons for suspension of execution [main reasons for consideration] negative: In the case of interference with the execution of official duties, there is no record of criminal punishment [general reasons for consideration]. There is no effort to recover damage.