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(영문) 서울남부지방법원 2016.07.14 2016고단2095

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 14, 2016, at around 10:30 on May 14, 2016, the Defendant inflicted injury on the victim, who was an employee of the above game site, due to the fact that the victim D (the age 41) who was an employee of the above game site, did not bring the game, thereby causing injury to the victim for treatment days, such as having the victim escape from a half of the face of the victim by drinking.

2. Whether the Defendant interfered with the performance of official duties, at the same time, at the same place as, and at the same time and place as, the above paragraph 112 reported that the Defendant assaulted the victim and was working for the Seoul Western Police Station E DistrictF in order for the Defendant to arrest the Defendant in the act of committing an act of committing a crime

“The f was assaulted, i.e., taking the said F’s chest part on two occasions.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to written statements, photographs of damage, and reports on dispatch at the scene of violence;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. The nature of the crime is not good in light of the following facts: (a) the crime is not good in light of the following: (b) the commission of violence, such as taking the police officer’s desire to commit an injury to an employee of the game room for the reason of sentencing under Article 62(1) of the Criminal Act; and (c) the commission of violence, such as

It has been punished five times due to violent crimes, and there are criminal records of obstructing the execution of official duties.

However, there was an agreement with the victim D, and the victim police officer called the victim's wife against the defendant, and the degree of violence used in the process of obstructing the performance of official duties is not much serious.

In addition, the defendant shall be punished as ordered in consideration of the motive, means and results of the crime, and the circumstances after the crime, etc.