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(영문) 부산지방법원 2018.10.25 2018고단3832
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 7, 2018, the Defendant: (a) found in the above store on the ground that the noise of D Ortoba, which was delivered from D located in the area of Busan Dong-gu, Busan around 12:20 on June 7, 2018 to its surrounding area, was serious; (b) parked in the Defendant’s Estststun vehicle to prevent other customers from driving on the parking lot of the above store; and (c) parked in the Defendant’s Eststun vehicle to the victim F, the head of the branch office of the said store, “whether or not there was any resistance;

The store is closed.

"A sound, etc." interfered with the business of the victim by force between approximately 20 minutes.

2. Around 13:08 on June 7, 2018, when a flagrant offender was arrested by the victim H (45 tax) who was the security guard belonging to the G District, who was called up with the notification that the Defendant would not move the vehicle at the D store parking lot as indicated in paragraph (1) around 13:08, and was suspected of obstructing the performance of official duties, the Defendant arrested the victim as a flagrant offender on the charge of obstructing the performance of duties. At the same time, the victim’s name was left as his/her own hand, and the victim’s remaining knee, etc. was knee in the treatment days, and at the same time, obstructed the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and I;

1. Article 314(1)0 of the Criminal Act - Article 257(1)0 of the Criminal Act - Article 136(1) of the said Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 40 (Crime of Interference with and Bodily Injury to the Execution of Official Duties)

1. Selection of each sentence of imprisonment;

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. On the grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Criminal Act provides that the punishment for the mitigated area (one month to eight months) [the scope of the recommended punishment] [the person subject to special mitigation] [the scope of the punishment] [the person subject to special mitigation] of the mitigated area (one month to eight months] of the mitigated area (a person subject to special mitigation] of the mitigated area (a person subject to special mitigation] of the punishment (the recovery of damage.

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