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(영문) 창원지방법원 통영지원 2018.03.15 2017고단1896
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 29, 2017, at around 21:25, the Defendant was demanded by the injured party in the restaurant for the operation of the victim D on the Gyeongnam-gun, Gyeongnam-gun on November 29, 2017 to calculate the drinking value. However, the Defendant was unable to avoid disturbance for about 20 minutes by gathering the fright of the injured party, which is a dangerous object on his/her cover, on two occasions by gathering the walk, which is a dangerous object on his/her cover, and then gathering the face of the injured party on two occasions. The Defendant followed the table of an amount equivalent to KRW 100,000,000 in the market value.

The defendant, carrying dangerous articles, assaults the victim's property, damaged the victim's property, and interfered with the victim's restaurant business by force.

2. On November 29, 2017, around 21:40 on November 29, 2017, the Defendant: (a) stated in paragraph (1) of the same Article that “I am in the presence of a customer”; (b) I am asked F to get out of a restaurant by a police officer belonging to the Gosungsung Police Station E District, who called “I am out of the restaurant; (c) I am out of the restaurant; and (d) I am am son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

As a result, the Defendant interfered with a police officer’s legitimate performance of duties in relation to the 112 Report Processing Affairs, and at the same time, F was placed on the right kids, which requires a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. 112 Reporting case handling table;

1. Each investigation report (affixing photographs, such as the suspect's own capture and the scene of the crime);

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of photographs, attachment of a written diagnosis of an injury, situation at the scene of damage, etc.);

1. Articles 261, 260(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) (a) of the Criminal Act, Article 136(1) (a) of the Criminal Act, Article 136(1) (a) of the Criminal Act, Article 257(1) of the Criminal Act for criminal facts.

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