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(영문) 서울남부지방법원 2017.05.11 2017고단68
상해등
Text

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

Reasons

Punishment of the crime

1. On December 21, 2016, the Defendant interfered with the assault and business of the victim in Yeongdeungpo-gu Seoul Metropolitan Government’s E-cafeteria on December 21, 2016, the victim said that the Defendant ordered the victim’s half-end as “I cannot speak”, and the victim’s breath as well as the victim’s breath in large interest, “I am breadbed until she brought about brea and brought about breath.” The victim’s breath, buck and buck, buckbucks in both hands, walked twice by buckbuck, and bucked one time by hand.

Accordingly, the defendant assaulted the victim and interfered with the victim's restaurant business by force for about 30 minutes.

2. Around 22:30 on the same day, the Defendant interfered with the performance of official duties, and the Defendant injured the victim G, a police official belonging to the Seoul Young-gu Police Station F District Police Station, who was called out after receiving a report on 112 on the same grounds as paragraph (1) of the same Article, arrested the Defendant in flagrant offender and take the Defendant out of the police station affiliated with the Seoul Young-gu Police Station, and took the victim’s cryp to take the victim into the patrol, thereby obstructing the police officer’s legitimate performance of duties concerning the suppression of and investigation into the crime, and at the same time, inflicted an injury on the victim, at least three weeks of a closed bones, requiring medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement prepared D or H;

1. The application of Acts and subordinate statutes to photographs of CCTV image data and diagnostic certificates;

1. Article 260(1) of the Criminal Act in relation to the crime (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and Article 257(1) of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes assaults and interferes with the work of the owner of the reason for sentencing, and assaults and abusives against the police officers dispatched, and the responsibility for the crime of this case, which caused the injury, is heavy.

Defendant has been punished several times for committing violence-related crimes.

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