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(영문) 울산지방법원 2017.02.17 2016고단4539
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 26, 2016, from around 00:00 to around 00:35 of the same day, the Defendant: (a) expressed the victim C (n, 53 years of age)’s desire to see “D main points” operated by the victim C (n, 53 years of age) on the ground that the victim did not singing in the instant main points; (b) took a bath to the customers in each room of the said main points on the ground that the victim does not have any singing, and (c) took a bath to the customers in the said place, and interfered with the victim’s singing main business by force for about 30 minutes by avoiding disturbance, such as provokinging fire on the corridor.

2. Around November 26, 2016, the Defendant was subject to control by the victim F (24) who was a patrol officer belonging to the Gyeongsan Police Station E box called out after receiving a report from the Defendant that the Defendant would escape from disturbance at the Defendant’s shop at the above station on November 26, 2016.

The Defendant, who is dissatisfied with this, took a bath, such as “I am off, I am off, I am off, I am off the disturbance,” and am off the disturbance, as G in the past, and as I am am on the slope H, I am am blish, and am off the F’s face, and am amblish, I am am am blicker F’s face.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report processing, and at the same time, the victim was in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against C, G, H, and F;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances for sentencing under Article 62-2 of the Criminal Code of the Social Service Order, and the defendant's age, sex, environment, and age of the defendant.

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