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(영문) 서울동부지방법원 2014.05.29 2014고단951

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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. On April 13, 2014, the Defendant: (a) around 00:15 on April 13, 2014, while drinking alcohol in the “E” operated by the victim D in Gangdong-gu Seoul Metropolitan Government, the Defendant was blicking the victim’s market value, 1.50,00 won of the market value, which is the victim’s ownership, by gathering the glass residues and the blicker on the floor.

Accordingly, the defendant damaged the victim's property.

2. The Defendant interfered with the business, at the above time and place, 10 minutes of the 10-minutes, caused the disturbance, such as breaking a boom and a brush on the floor, thereby getting approximately 40 customers out of the brush.

Accordingly, the defendant interfered with the victim's bar business by force.

3. At the same time and place as above, the Defendant: (a) the police officer G belonging to the Seoul Gangseo-gu Police Station F District Police Station, who was dispatched after receiving 112 a report; (b) the police officer attempted to arrest the Defendant as a flagrant offender in the course of causing property damage; (c) the police officer’s body pushed the Defendant over the floor by pushing the Defendant’s hand; and (d) his hand as soon as possible; and (c) the victim G (age 48) who continued to walk the body part with the driver’s hand at hand, without knowing the number of days of treatment; and (d) the police officer’s Ha tried to remove the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her left bridge

As a result, the Defendant interfered with the legitimate performance of duties by police officers on arrest of flagrant offenders, and at the same time inflicted injury upon the victim G and the victim H.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D, G, and H;

1. Investigation report (Submission of an additional photograph of damage to the victim H) and investigation report (Submission of a detailed statement of damage to the victim D);

1. Application of statutes on photographs of damage;

1. Article 257(1) and Article 366 of the Criminal Act of the relevant Article of the Criminal Act concerning facts constituting an offense (the act of causing bodily injury and imprisonment), and Article 257(1).