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(영문) 서울동부지방법원 2018.07.13 2018고단595

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 3, 2018, the injured Defendant: (a) around 15:10, at the “D” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, and (b) at around 15:10, the injured Defendant, under the influence of alcohol, expressed the desire for customers and fluencing them without any reason without any reason; (c) was the victim E, an employee of the said restaurant, who was an employee of the said restaurant (V, 63 years of age), caused the victim’s breast part of the breast part of the victim one time, resulting in the victim’s injury, such as the crual

2. The Defendant obstructed the performance of official duties at the time and place as described in paragraph 1, and at the scene after receiving a report of 112, arrested a flagrant offender for the same criminal facts as described in paragraph 1 by G by the police officer assigned to the Seoul Magjin Police Station, who was dispatched to the scene, and was arrested in a flagrant offender for the same purpose as described in paragraph 1. However, he was compelled to go to the E as indicated in paragraph 1, but he was boomed from G, and assaulted by G one time at the right hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Investigation report (No. 5 times a year);

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

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

A. First-Class 1 Crimes [Scope of Recommendation] Crimes (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and six months) / None of the special sentencing factors (a person who is subject to special sentencing)

B. Class 2 Crimes [Scope of Recommendation] General Injury (General Bodily Injury) in the basic area (from April to one year and six months) (Special Sentencing Person)

(c) Standards for handling multiple crimes: Imprisonment with prison labor for six months to two years (=The maximum limit of crime No. 1 (1 June)) 1/2 (1/2 (9 September);

2. The following circumstances and the Defendant’s age, sex, environment, and sentence: