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(영문) 서울남부지방법원 2014.09.30 2014고단3276
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 19:00 on August 25, 2014, the Defendant: (a) ordered drinking and food at “E” restaurant operated by the victim D (year 54) located in Guro-gu Seoul Metropolitan Government; (b) around 21:00 on the same day, the Defendant: (c) called “the victim has completed the business, closed the door, and closed the door; (d) the Defendant paid the value of food; (b) rather, the Defendant was unable to close the restaurant by force of the victim without any speech to the effect that the Defendant would refuse the victim’s request; and (c) instead, the Defendant was unable to force approximately 30 minutes on the floor by smoking tobacco, spiting down two or three times on the floor, using the raised spits, and cutting down the victim.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On August 25, 2014, around 21:30 on August 25, 2014, the Defendant refused a request from the victim G (the age 41) in the region where the F District Unit of the Seoul Guro Police Station, which was dispatched after receiving the said D’s report at the place indicated in paragraph (1), to leave the said restaurant at the above restaurant. However, the victim refused the request. The victim attempted to catch the Defendant’s arms and present the Defendant, pluck up the victim’s left arms, cut down the victim’s plick, cut down the victim’s kis, cut down the victim’s kis, and saf

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention and suppression of crimes, maintenance of order, etc., and at the same time, the Defendant inflicted an injury on the victim, such as salt, tension, etc. in the part of the shoulder that requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to D and G;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the victim D does not want to punish the defendant.

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