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(영문) 부산지방법원 2019.02.18 2018고단5523
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. On November 8, 2018, at around 22:30, the Defendant obstructed the Defendant’s business by force, by avoiding a disturbance for about 30 minutes, such as paying time fees, to the customers who provided meals on the drinking table table, without any justifiable reason, at the D shop operated by the victim C in Busan-gu, Busan-gu., the Defendant obstructed the Defendant’s business by force.

2. On November 8, 2018, the Defendant inflicted an injury on the victim F (the 26-year-old age), such as tobacco spawn, etc., upon receiving a report from 112 that “any female spawn” was “any female spawn at the site,” and sent to the site by the head F of the police station E district unit of Busan National Police Station E district, who was dispatched to the site, for arresting him as a flagrant offender under the suspicion of causing damage to his property. In order to arrest him as a flagrant offender, the Defendant inflicted an injury on the victim F (the 26-year-old age) for about two weeks of medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 reported case, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

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

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes.

3. Selection of each sentence of imprisonment;

4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.

5. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal record other than twice a fine and that there is an agreement with the victim of the crime of interference with business);

6. Social service order under Article 62-2 of the Criminal Act;

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