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(영문) 의정부지방법원 고양지원 2020.05.29 2020고단417
상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 21, 2019, from around 17:03 to 17:07, the Defendant obstructed the victim’s restaurant business by force by leaving the victim’s “D” in the operation of the victim C (53 years and (n) located in B (hereinafter “D”). On November 21, 2019, the Defendant saw that the Defendant was reported at the victim’s late late late at the night on November 21, 2019, with the following: (a) “The Defendant was frighted without receiving any report; and (b) caused the disturbance for about four minutes, thereby obstructing the victim’s restaurant business by force.

2. The Defendant threatened the victims by stating, at the same time, at the same time and place as mentioned in the above paragraph (1) above, that “the victim E, who is an employee with the above C and the above-mentioned employee, shall be subject to a fine, either KRW 00,000,000,000,000,000,000,000.

3. On December 21, 2019, the obstruction of performance of official duties and the Defendant: (a) at the same place as the foregoing paragraph (1) on December 17:25, 2019; (b) the victim G (the age 46) of the police box of the Pakistan Police Station, who was called out after having received 112 reports, arrested the Defendant in flagrant transit on suspicion of interference with his/her duties, etc.; (c) assaulted the Defendant on one occasion, such as interference with his/her duties; and (d) harming the police officer’s legitimate performance of duties concerning handling of the victim’s left hand hand, and at the same time, inflicted injury on the victim, such as the left hand bridge, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each police statement of C, E, and H;

1. A medical certificate;

1. A photograph of damage, and a photograph of stick;

1. Application of CCTV Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the relevant criminal facts, Article 283(1) of the Criminal Act, 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment;

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