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(영문) 부산지방법원 2014.09.25 2014고단6098
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 27, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on March 27, 2012 and completed the execution of the sentence on July 5, 2013.

1. On June 9, 2014, at around 12:20 on June 12, 2014, the Defendant: (a) spited female employees on his name in the office of the headquarters of the D Hospital located in the Young-gu Busan Metropolitan City, with a large voice of “Chewing baby, dog wres, wres, etc., immediately after being spited on the floor,” on the ground that the hospital expenses that had been settled by credit card was not revoked.

In addition, the defendant takes a bath to the head of the original flag on his name, "Chewing flag flab", and spits and spits it with large sounds so that patients are unable to access the original flag and the counter.

Accordingly, for about 30 minutes, the Defendant interfered with the business of receiving patients from the above hospital office and employees and receiving hospital expenses by force.

2. In the date and time mentioned in paragraph (1), and at the place, the victim E (30 years of age) who is the member of the above hospital and the employee of the above hospital prevented the Defendant, the Defendant injured the victim by taking the victim’s left hand and milching the victim’s loss, thereby making it difficult to identify the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the defendant, who has many records of the same kind of sentencing reasons in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, repeats the same crime during the period of repeated crimes, and commits the same crime again within a short period of time, even if he/she had already been sentenced to three times or more after the completion of the sentence, even if he/she had already been sentenced to a fine.

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