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(영문) 울산지방법원 2015.10.28 2015고단1252

상해등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Interference with business;

A. On April 2, 2015, at around 21:00, the Defendant expressed the victim’s “E” restaurant operated by the victim D located in Ulsannam-gu C, Ulsan-gu, that “hinging a Chewing baby, algo and alcohol,” and obstructed the victim’s restaurant operation by force by avoiding the disturbance between about 20 minutes.

B. On April 22, 2015, at around 22:30, the Defendant: (a) readed the victim’s “E” restaurant with the sound “Ahhh,” and read it as “Ihnh, Ihnh,” and took a bath to customers “Ih,” and obstructed the operation of the victim’s restaurant by force by avoiding disturbance for about one hour.

2. When the obstruction of performance of official duties and the Defendant discovered the victim G (28 years of age) belonging to the Ulsannam Police Station, the Ulsannam Police StationF District, which was dispatched after receiving 112 reports, at the time, at the place specified in paragraph 1-b, and at the place specified in paragraphs 1-b and 1-2, the Defendant expressed the above G to the following G without any justifiable reason, saying, “the police officer’s Chewing rings, bitbits, bits, bits, bits, bits, and bits, bits,” and expressed that “the face of the above G was taken twice.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers on criminal investigation and maintenance of order, and at the same time, the Defendant inflicted injury on the above G, such as damage to sins that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H and D;

1. A written statement of I and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the investigation report;

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service and order to attend lectures under Article 62-2 of the Criminal Act;