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(영문) 서울남부지방법원 2018.04.11 2017고단5377

상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 11, 2017, the Defendant: (a) around 15:10 on October 15, 2017, the term “2017 Highest 5377” means “the victim B (n, 72 years old) who is located in front of the bus door,” “the victim’s chest fl. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

“In the course of receiving the victim’s complaint, the victim’s clothes were put up to the floor once, resulting in an injury to the victim, which requires approximately two weeks of medical treatment.

"2017 Highest 6059"

1. On November 18, 2017, at around 20:00, the Defendant obstructed the victim’s restaurant business by force over one hour, such as: (a) in the Chinese restaurant “E” operated by the victim D located in Gangseo-gu Seoul Metropolitan Government, the Defendant returned to the restaurant “E” operated by the Gangseo-gu Seoul Metropolitan Government, and takes a large amount of time for customers, and breading them with a large interest, and preventing them from entering the restaurant business by force.

2. On November 18, 2017, the Defendant refused to leave, without good cause, at the Chinese restaurant “E” as indicated in paragraph (1) around November 21, 2017, and at the request of a police officer called up after receiving a report and the victim D to return home. However, the Defendant refused to leave without justifiable cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 257(1) and 314(1) (the point of interference with business), 319(2) and 319(1) (the point of refusing to withdraw) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

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. The criminal defendant, with reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, has several criminal offenses such as assault, bodily injury, interference with business, etc., and the crime of this case.