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(영문) 광주지방법원 목포지원 2015.10.29 2015고단978
상해등
Text

A defendant shall be punished by imprisonment for six 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. At around 02:20 on August 7, 2015, the Defendant obstructed the victim’s marina business by force, such as: (a) under the influence of alcohol at a “D” marina shop operated by the victim C at a wooden-si B; (b) threatening the victim without any justifiable reason; (c) harming the victim by avoiding disturbance for about 40 minutes; and (d) preventing customers from entering the relevant marina shop by lowering a disturbance on the floor of the goods in the display stand; and (e) preventing them from entering the said marina shop.

2. On August 7, 2015, the obstruction of performance of official duties, the Defendant: (a) at the frontway of the Marina shop “D” on August 7, 2015; (b) the Defendant received 112 report that the Defendant avoided disturbance as described in paragraph (1); and (c) received a recommendation to return home from a policeman F, a policeman belonging to the Heina Police Station E District Team, and a slope G, who was under the influence of alcohol from a slope G, and had him/her go back to the floor on one occasion.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of the 112 reported case, and at the same time, the Defendant committed a chest booming room that requires approximately two weeks of medical treatment to the victim F (the age of 32).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. G statements;

1. A medical certificate;

1. Application of CCTV closure photographs (Evidence No. 59 pages) Acts and subordinate statutes;

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 concerning the criminal facts;

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. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Probation and community service order Article 62-2 of the Criminal Act are cases where it is difficult to apply sentencing guidelines as they are mutually concurrent crimes for sentencing reasons.

The defendant recognizes his fault and reflects his fault.

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