beta
(영문) 서울동부지방법원 2016.04.28 2015고단3650

상해등

Text

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

Reasons

Punishment of the crime

1. In around November 25, 2015, the Defendant: (a) took a bath on the ground that the victim D (67 aged) was released several times from the first floor male toilet of Gangdong-gu Seoul Metropolitan Government building C on November 25, 2015; and (b) took a part in the victim’s bridge several times; (c) the victim was walking in the roadside room; and (d) the victim was faced with the victim’s door from the victim’s massage door, and the victim was faced with the victim’s paralysis, and the victim was unable to know the number of days of treatment.

2. From January 9, 2016, the Defendant interfered with the business of the victim (2016 senior group 120) by entering a G administered by the Victim FF in Gangdong-gu Seoul Metropolitan Government around 22:10 on January 9, 2016, the Defendant 20 minutes of the disturbance between about 20 minutes, such as taking her laver into the laver, placing her hand on the laver, etc. without any special reason, thereby interfering with the victim’s business operation by getting the customers fright up with the victim’s business.

Summary of Evidence

[2015 Highest 3650]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The victim D's photograph (2016 high group 120);

1. Statement of the defendant in the second public trial records;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, 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 the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 and Article 38 (1) 2 of the Criminal Act (an aggravated punishment for concurrent crimes with heavy injury) of the said Act (an aggravated punishment for concurrent crimes with heavy injury);

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

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for two months to one year and four months.

(a) Class 1 (Induce or 1 year), the mitigated area (in two months or 1 year), - Special mitigated (in the event that an intentional act is committed, a victim who is vulnerable to punishment / In the event that an intentional act is committed;

(b) Class 1 (Interference with Business), reduction area (one month to eight months) - Special mitigation person: Non-conformity with punishment (including serious efforts to recover damage);

(c) The scope of final sentence due to the aggravation of multiple offenses: February to April; and

3. The defendant who was sentenced to sentence has committed the instant crime.