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(영문) 수원지방법원 성남지원 2016.01.27 2015고단2597
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 100,000 won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) opened a gate which was opened at the residence of the victim E and F in Seongbuk-gu, Sungnam-si; and (b) went into the front of the victim’s residence in the second floor; (c) the Defendant demanded the victims to open the door; (d) the victims did not open the door; (b) the victims did not open the door, and (c) the Defendant was able to avoid disturbance by voiceing “a door, opening the door, and going out of the door” for about twenty (20) minutes as the victims did not open the door.

Accordingly, the defendant intrudes into the residence of the victims, and flicked neighbors by leaving large numbers of houses.

2. On September 23, 2015, around 05:40 on September 23, 2015, the Defendant rejected the request for personal information from the victim H (51), who is a police officer belonging to the Seongbuk-gu Police Station G police box called Sung-nam, who received 112 reports while avoiding disturbance, as described in paragraph 1, at the place specified in paragraph 1.

Accordingly, the above victims, etc. tried to arrest the defendant as the current offender due to the violation of the Punishment of Minor Offenses Act and the violation of the Punishment of Minor Offenses Act. The defendant, by hand, had the victim's breast part over the second floor.

As a result, the Defendant interfered with the legitimate execution of duties by police officers, and at the same time, inflicted an injury on the victim, such as the sofamination of the foundation, which requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, E, H, and I;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense (the point of harm, the choice of imprisonment), Article 136 (1) (the point of obstructing the performance of official duties, the choice of imprisonment), Article 319 (1) (the point of intrusion upon residence, the choice of imprisonment), Article 3 (1) 21 (the selection of nearby disturbance, the choice of fines) of the Punishment of Minor Offenses Act (the point of disturbing disturbance, the selection of fines).

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. Attraction of a workhouse;

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