beta
(영문) 서울북부지방법원 2016.08.25 2016고단2257

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 14, 2016, from around 19:00 to around 21:27, the Defendant: (a) brought the victim D, the owner of a singing room, in Nowon-gu, Seoul Special Metropolitan City, with a bath for the victim’s “the starting year and opening year”; and (b) prevented other customers from entering the Plaintiff, by taking the bath for the victim’s failure.

Accordingly, the Defendant interfered with the singing business of the victimized person by force.

2. The Defendant, at around 21:27 the same day, was reported by 112 on the same day by the Defendant and demanded voluntary accompanying from the injured party, who was called out to the Defendant at the instant singing room, by the background F (52) belonging to the Seoul Nowon Police Station E District, Nowon-gu, Seoul, demanded voluntary accompanying. In response, the Defendant: (a) sealed the victim’s face at one time with his head; and (b) caused the victim to wear the victim’s face.

As a result, the Defendant interfered with the legitimate execution of duties of the victim's 112 reported case, and at the same time, the victim was in an influence of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a victim F medical certificate);

1. Article 314 (1) (a point of interference with business), Article 136 (1) (a point of interference with the performance of public duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Interference with the performance of duties (the scope of recommended punishment) is a basic area (the imprisonment of six months to one year and six months) (the imprisonment of six months to one year and six months) (the person who has no special sentencing).

(b)an injury (the scope of recommendations) in general.