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(영문) 서울중앙지방법원 2014.12.30 2014고단8452

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 22, 2014, at around 20:10, the Defendant obstructed the police officer’s legitimate execution of duties concerning the crime of crime by committing assault, such as: (a) he was requested by the police officer C to respond to the metal detection device inspection to ascertain whether he/she carries a deadly weapon at the police box located in Seocho-gu Seoul, Seoul before being examined as a suspect of the assault case; and (b) he/she was asked by the guard C of the police box prior to being examined as a suspect of the assault case; and (c)

2. As stated in the above 1.1., the injured Defendant inflicted injury on the victim, who was pushed over the victim C (Nam, 60 years of age), such as cerebral rupe, which requires treatment for up to 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D or C by the police;

1. A written diagnosis of injury;

1. Application of CCTV Acts and subordinate statutes to B police boxes

1. Article 257 (1) of the Criminal Act and Article 136 (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. In light of the fact that it was easily known that the victim had been properly performing his duties within the police box for the reason of sentencing selecting a sentence of imprisonment with prison labor, the Defendant was unable to find out any justifiable reason to injure the victim, and that the Defendant was pushed ahead of the victim to the extent that he could go beyond, and that the Defendant was a narrow space within the police box, and that the head, etc. was easily anticipated to have been able to go off. In fact, the Defendant’s act was a serious violation of the police authority that performed public duties, and thus, the Defendant’s act ought to be punished by severe punishment.

It is so decided as per Disposition for the above reasons.