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(영문) 춘천지방법원 속초지원 2014.11.26 2014고단428

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 5, 2014, the injured Defendant: (a) on the road near the intersection in the vicinity of the intersection in the Gosung-gun of Gangwon-gun on the road; (b) on the ground that the victim B (50 years of age) who is a substitute driver, told the Defendant at the expense of 30,000 won on behalf of the Defendant, the injured Defendant inflicted bodily injury on the victim, such as damage of the face, which requires the victim’s treatment for about two weeks, by drinking to his/her left hand, by driving twice the victim’s face on two occasions; and (c) by driving his/her cell phone on one occasion, he/she inflicted bodily injury on the victim, such as damage of the face, which requires treatment for about two weeks.

2. On July 6, 2014, at around 00:08, the Defendant: (a) expressed that the police officer E, police officers, etc. belonging to the above police box, who is handling the case of paragraph (1), expressed that “I swaying, swaying, and swaying,” and obstructed police officers’ legitimate performance of duties concerning the prevention, suppression, and investigation of the crime by assaulting the aforementioned E, etc. on the part of computer monitors and chairs in the said place; and (b) assaulting the said E, etc. by attempting to leave the police officer, etc. on the part of his/her own; and (c) assaulting the said E, etc., who was out of his/her believers.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning G;

1. Each statement of E and F preparation;

1. Application of the Acts and subordinate statutes to photograph the victim of a violence, a photograph of a d police box, or CCTV images;

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Act is the category 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) of Article 62-2 of the Criminal Act, and the category 1 (Obstruction of Performance of Official Duties) of Article 62-2 (Scope of Recommendation) (Article 62-2) (Article 62 of the same Act) of Article 2 of the same Act (Article 62 of the same Act) that there is no basic area (6 to 1 year and 4 months) of the Act.