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(영문) 서울동부지방법원 2016.05.18 2016고단94
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 5, 2016, around 22:40, the injured Defendant: (a) expressed the victim’s desire to be called “Choe Ma” on the ground that it is bad for the victim, without any particular reason, to be asked from the victim E (63 years) who is a bus driver, at a new bus stop located one-time in Seongdong-gu Seoul, Seongdong-gu Seoul Metropolitan City bus stops in a bus stop; and (b) expressed that the victim’s bridge part of his bridge part is eight-time high-speed drinking and then put the victim’s neck part on approximately two weeks of treatment; and (c) knee kne, knee, fel, etc., the victim needs to receive approximately two weeks of treatment.

2. The Defendant: (a) exercised violence against the victim E, who is a bus driver at the same time, at the same place; and (b) continued walking the front and rear door of the bus in a village bus without unloading from the village bus; and (c) obstructed the Defendant’s legitimate bus operation by stopping the operation of the village bus of the victim for about 20 minutes; and (d) interfered with the Defendant’s legitimate bus operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of a medical certificate and the analysis of market costs);

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 314 (1) of the Criminal Act, the choice of punishment for an offense, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Crimes of Bodily Injury [Determination of Type] Crimes of Violence, General Bodily Injury, and Type 1 (General Bodily Harm) [Special Mitigation Elements] Crimes of Non-Punishment [Scope of Recommendation Sentence] Imprisonment from 2 months to 1 year (Mitigation of Reduction)

(b) Interference with business affairs [Determination of type] Interference with Business Affairs, Interference with Business Affairs (Special Mitigation element] Non-Punishment [Scope of Recommendations] Imprisonment with labor for one month to eight months (Mitigation of Reduction)

(c) Scope of modified sentence of recommendation: Imprisonment for two months to one year and four months;

2. Circumstances unfavorable to the decision of sentence: the defendant has a record of being punished several times for the same kind of crime; and

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