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(영문) 서울남부지방법원 2017.08.09 2016고단3806

상해등

Text

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

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

Reasons

Punishment of the crime

around 07:25 on July 3, 2016, the Defendant, “2016 Highest 3806, the Defendant, while drinking alcohol together with the Victim C (5 years of age) on the front side of Yeongdeungpo-gu Seoul Metropolitan Government B-gu, Seoul, around July 3, 2016, the Defendant, without any special reason, went the victim’s chest by pushing the victim’s chest, was faced with the head on the floor, and the victim was faced with two parts of the number of days of treatment.

The defendant of "2017 Highest 2931" is a person who resides in Yeongdeungpo-gu Seoul Metropolitan Government E-Public Noticecom 222.

1. On May 16, 2017, from around 19:00 to around 23:00 of the same day, the Defendant interfered with the Defendant’s business operation: (a) in the instant E public notice box operated by the victim F; (b) in which other residents immediately close the visit and sound the sloter; and (c) in return to the Gowon’s corridor, the Defendant obstructed the victim’s business operation by blocking the sound, “Irh, hack hackh hackh hackh hackh hackh hackh hackh hackh hackh hackh hackh hackh hickh hackh hickh hickh, and walking hackh hackh hickh hickh hickh hick hackh, and hindering the victim’s public notice source’s business operation for about three hours.

2. The Defendant of the assault: (a) the date, time, place, and place set forth in paragraph 1; (b) the victim G (57) who was the general secretary of the said Institute; (c) whether the Defendant “Nin total to be reported.”

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In doing a bath theory, “the victim committed assault to the victim, such as putting the victim’s clothes bat and tearing the victim’s clothes, etc.

Summary of Evidence

[2016 Highest 3806]

1. Statement by the defendant in court;

1. Statement made by the police with regard to C [2017 Highest 2931];

1. Statement by the defendant in court;

1. Application of the police statement protocol (including the G statement protocol) to F

1. Article 257(1) of the Criminal Act applicable to the crime, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business) and Article 260(1) of the Criminal Act (the point of violence) of the same Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.