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(영문) 서울북부지방법원 2015.04.07 2015고단56
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2014, from around 23:00 to around 00:30 on the following day, the Defendant interfered with the Defendant’s business, by force, obstructed the victim’s friendship or business by avoiding disturbance, such as passing the noise by entering the said rain or the beer room, without paying a charge to the victim’sO, who was an employee of the said rain or the said house, in the Now or the beer’s employees located in the second floor of the Gangseo-gu Seoul Metropolitan Government Mountainous Building, even though the victim’sO was prevented.

2. At around 00:30 on November 23, 2014, the Defendant received the 1112 report from the victim Qu, a police officer affiliated with the Seoul Gangnam Police Station P police station, who called out after receiving the 112 report in the same place as the above paragraph (1) at the same time as the above paragraph (1), and received the control from the victim Qu, a police officer assigned to the Seoul Gangnam Police Station P police station, who was called out for the scene, and the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case by 112 police officers on the left side of the victim’s knish, and at the same time, carried out the tasks of the organization with which the number of days of treatment cannot

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made toO and Q;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

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 (an aggravated punishment for concurrent crimes with punishment as provided for in an aggravated aggravated punishment);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the defendant has no record of the same punishment, the victim of the obstruction of business does not want the punishment, and the degree of injury of the victimized police officer is not much serious, and the defendant is a mental hospital on the day of the crime of this case.

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